By Phil Cutler[1] From the earliest days of the Washington Territory, arbitration has been a recognized method of dispute resolution in our state;[2] the Legislature enacted Washington’s first arbitration act in 1869.[3] Historically, arbitration has been popular, especially among businesses; notwithstanding its higher forum costs (the parties pay not insignificant filing fees and bear the [...]
Practice Pointers for the Lawyer Advising Clients in Mediation-A Mediator’s Perspective
June 28, 2011 By
Just as mediation is an art, not a science, there is an art to advocacy in mediation. I have developed the following “pointers” during the course of over 30 years as a trial lawyer in complex commercial and business disputes, and 25-plus years serving as mediator in such cases. Although they reflect my personal experience [...]
Suggested Format for an Agreed Mediation Plan Under the King County Superior Court Early Mediation Pilot Project
March 18, 2011 By
Below is my suggested format for an agreed mediation plan to be filed in those King County cases slected for the Early Mediation Pilot Program. A Word version is available here: Agreed Mediation Plan ****************************** SUPERIOR COURT OF WASHINGTON FOR KING COUNTY CAPTION AGREED MEDIATION PLAN COME NOW the parties to this case, by and [...]
King County Superior Court Early Mediation Pilot Project
March 18, 2011 By
Historically, only 3-5% of civil cases filed in King County Superior Court proceed to trial. Some are disposed of on motion, some plaintiffs simply withdraw their complaint; most are resolved by settlement – often through mediation. While mediation offers a proven and effective means of resolving a dispute prior to trial, the later it occurs [...]
Could Your Cases Profit from Early Neutral Evaluation
March 1, 2011 By
Most of us are familiar with the typical forms of alternative dispute resolution (ADR), mediation and arbitration, but how many of us are familiar with a relatively new form of ADR called Early Neutral Evaluation (aka Neutral Evaluation)? Early Neutral Evaluation (ENE), for certain types of cases, or at certain points in a case, can [...]