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 and sits as an arbitrator,…
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 the same chapter in prior…
USAGE NOTE: I use an agreement like this in all private mediations. Private Mediation Agreement
© 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 appellate practice and dispute resolution,…
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 as lawyer and mediator in commercial cases, the essential learning points cut across practice lines.
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 through their attorneys of record,…
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 in the “life” of a…
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 ENGAGE IN MEDIATION? Litigation is…
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