Philip E Cutler, Arbitration and Mediation in Seattle

Philip E. Cutler
Arbitration & Mediation Services

Mediation and arbitration can be thought of as a dance, though, tailored as they must be to the parties' needs, less choreographed than Jack Mackie's iconic Dance Steps.

Archived Article

Written 9/27/16

College of Commercial Arbitrators Protocols for Expeditious,
Cost-Effective Commercial Arbitration

Speed, Economy and Efficiency in Commercial Arbitration:
Failed Expectations, Shared Responsibility

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American commercial arbitration is at a crescendo. Much of this criticism stems from the fact that businessâ€toâ€business arbitration has taken on the trappings of litigation-extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. While many business users still prefer arbitration to court trial because of other procedural advantages, the great majority of complaints being voiced by arbitration users are the same: commercial arbitration now costs just as much, and takes just as long, as litigation. Clients and counsel often wonder aloud what happened to the economical and efficient alternative to the courtroom.