© 2011, Philip E. Cutler Cutler Nylander & Hayton, P.S. 1191 Second Avenue, Suite 1650 Seattle, WA 98101 Telephone: (206) 340-4600 Facsimile: (206) 340-4646 Email: philcutler@cnhlaw.com Website: www.cnhlaw.com Phil Cutler is a principal in the Seattle law firm Cutler Nylander & Hayton, P.S., where his practice emphasizes trial and [...]
A Primer on Dispute Resolution Clauses in Business Agreements– Key Drafting Considerations
August 17, 2011 By
Reclaiming the Promise of Arbitration
June 28, 2011 By
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 [...]
Alternative Dispute Resolution: Doing Business in Washington, Chapter 27
February 16, 2011 By
Chapter 27 ALTERNATIVE DISPUTE RESOLUTION Philip E. Cutler 27.1 INTRODUCTION In addition to the option of having commercial disputes resolved by a court proceeding, other options for resolving disputes are available. These options are commonly referred to as Alternative Dispute Resolution, or ADR. Given the high cost of civil litigation, the drain on management time [...]
Memo to Client Re: Mediation
February 16, 2011 By
WHAT IS MEDIATION? Mediation is a process. The mediator attempts to facilitate an out-of-court settlement between the parties by building upon areas of common agreement and by challenging the parties and their lawyers to think critically about the case, potential outcomes, and the business and other risks which attend continued pursuit of the lawsuit. WHY [...]
Representative Mediations – Phil Cutler
December 17, 2010 By
Business Torts 5-figure dispute between real estate brokerage firms….6-figure dispute between insurance benefit plan specialist and former employer. Commercial Leasing 7-figure dispute between mall-owner/landlord and anchor tenant concerning tenant’s move at end of lease term to competing mall Construction 7-figure dispute between prime contractor (for itself and on behalf of numerous subcontractors) and quasi- governmental [...]
Mediator Profile — Phil Cutler
December 17, 2010 By
ADR Profile – Phil Cutler PDF version Law Practice History Experience since 1973 in complex commercial and business dispute resolution, including litigation, mediation and arbitration, appeals. Substantial experience in business, corporate and commercial law; business-government relations; licensing, trade secret and intellectual property matters; product distribution, antitrust and franchising; employment termination and discrimination; securities. Dispute Resolution [...]