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 2/19/15

Arbitration – Getting the Evidence, Getting it in . . . and Persuading the Arbitrator

by Phil Cutler

Arbitration has long been a recognized form of adjudicative dispute resolution. While court proceedings and arbitration share certain characteristics, there are major differences. After setting the stage with the framework for arbitration, this article will focus on three of them.

Arbitration Framework. Arbitration is governed by (1) two statutes, the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 (for cases in which interstate commerce is involved), and state law, here the Washington Uniform Arbitration Act, RCW Chapter 7.04A;1 (2) the parties’ arbitration agreement; and (3) the rules of any arbitration-provider organization under which the arbitration is conducted. Most commercial, construction and employment disputes are arbitrated under the auspices of the American Arbitration Association, another service-provider such as JAMS, JDR or WAMS, or a private lawyer serving as arbitrator; securities disputes are generally arbitrated through FINRA Dispute Resolution (formerly NASD Dispute Resolution). Each organization has its own rules. The MARs govern arbitration of superior court cases.