ITR-Realizing the Benefits of an Effective Multi-Arbitrator Tribunal-110213
An edited version of the following article appeared in the January 2013 edition of the King County Bar Bulletin. P.E.C. Arbitrators’ Powers: Expansive, but Open to Challenge if Exceeded By Phil Cutler © 2012 Like judges, arbitrators have broad powers when managing and deciding cases. But their powers are limited by the agreement to arbitrate from which those powers are…
Disclosure form – Mediations and Arbitrations
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 ABA), the Disclosure Guidelines for…
Private Arbitration Agreement
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,…
While arbitration is a recognized dispute resolution process – particularly in the business-to-business context – it is fundamentally a creature of contractual agreement among the parties and a written agreement to arbitrate is required. See, e.g., RCW 7.04A.060. The agreement to arbitrate may be entered into pre-dispute or after a dispute has arisen. The following presumes that the parties did not agree to arbitration in their original dealings but, now that a dispute has arisen, have decided to use arbitration – rather than the courts – to resolve it. As arbitration is contractual, it is vitally important that all necessary parties sign the agreement to arbitrate, as only parties will be bound by the result. Either pre-dispute or post-dispute the parties have a choice: arbitrate using the services of a neutral administering organization that appoints the arbitrator(s) and manages the process, or privately, on an ad hoc basis, with the parties or the arbitrator(s) managing the process. Both scenarios are addressed in the following materials. As with drafting pre-dispute dispute resolution clauses, it is vitally important that counsel understand the arbitration process and craft a clause that sets up an appropriate framework for resolving the dispute.
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
General Information About Our Mediation Business Terms Unless we agree otherwise, you will be charged $400/hr (my normal hourly rate) for my mediation services, including time spent in the mediation conference as well as time spent in preparation and for any follow-up that I believe is warranted. I will absorb routine “costs” (fax, photocopying, etc.) up to $50 in the…