ITR-Realizing the Benefits of an Effective Multi-Arbitrator Tribunal

ITR-Realizing the Benefits of an Effective Multi-Arbitrator Tribunal-110213

Arbitration Disclosure Form

I use this form to make disclosures in AAA-administered arbitrations and mediations. I use a substantially similar form in private or court-annexed mediations and arbitrations and arbitrations administered by FINRA DR. Phil Cutler March 2013 Arbitrator [Mediator] Disclosures of Philip E. Cutler Consistent with the [CODE OF ETHICS FOR ARBITRATORS IN COMMERCIAL DISPUTES (AAA and […]

Doing Business in Washington? Understand the ADR Options.

ADR IN WASHINGTON – Chapter 28 of “Doing Business in Washington” (5th ed., WSBA International Section) I was asked to author the chapter on Alternative Dispute Resolution for the 5th edition of “Doing Business in Washington”, published (fall 2010) by the WSBA International Section in conjunction with the Washington Department of Commerce.  I also authored […]

Realizing the Benefits of Arbitration – Top 10 Tips to CEOs and CFOs

In the fall of 2009 the College of Commercial Arbitrators, a by-invitation only association of leading domestic and international arbitrators, in conjunction with the American Arbitration Association and other major arbitration-provider organizations, hosted a summit of leading lawyers, arbitrators, business executives, and general counsel to discuss ways in which arbitration – long viewed among businesses […]

I Am Your Arbitrator. Here Is What To Expect From Me … And What I Expect From You.

I Am Your Arbitrator. Here Is What To Expect From Me … And What I Expect From You. I have been a trial lawyer for almost 40 years.  Over the last 25 years, service as an arbitrator, special master and pro tem judge has become an increasingly important and significant part of my practice.  My […]

A Primer on Dispute Resolution Clauses in Business Agreements– Key Drafting Considerations

  © 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 […]

Reclaiming the Promise of Arbitration

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

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

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

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 […]