The Mediation-Arbitration Option

While most parties choose to resolve disputes by either mediation or arbitration (or litigation), there is a hybrid process – known as Med-Arb – that parties occasionally prefer. As its name implies, the parties first mediate and then, if and only if they are unable to resolve all issues by settlement, the mediator changes hats […]

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 […]

Private Mediation Agreements

USAGE NOTE: I use an agreement like this in all private mediations. Private Mediation Agreement

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 […]

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 […]

Memo to Client Re: Mediation

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 […]

Mediation Confidentiality Agreement

USAGE NOTE: I ask all persons who participate in a private mediation (whether in person or by telephone) to sign a document such as the below. I will provide a copy of the fully signed agreement to all participants. Mediation Confidentiality Agreement