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.
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Representative Mediations

Business/Strategic Alliance – “deal mediation” for non-litigation dispute over failed strategic alliance.

Business Torts – 5-figure dispute between real estate brokerage firms….6-figure dispute between insurance benefit plan specialist and former employer.

Construction – 6-figure dispute between state agency/owner and prime contractor and surety and between prime contractor and six subcontractors involving claims of defective construction…..6-figure dispute between municipality and contractor concerning contractor’s claims for extra work on road project.....5-figure dispute between contractor and owner concerning contractor’s performance of home remodeling contract.

Distributor Termination – 6-figure disputes (claims and counterclaims) between manufacturer and distributor arising from manufacturer’s termination of distributor. 

Employment Discrimination – Variety of 5- and 6-figure employer/employee disputes concerning sex, race and other discrimination claims arising out of employment relationship or termination, including claims involving EEOC as plaintiff or intervenor; dispute between plaintiffs in gender discrimination case involving payment of mid- 7-figure judgment by solvent and insolvent sureties, defendant and guarantors of surety bond.

Fishing Rights – 6-figure dispute between fishermen concerning Alaska fishery “quota shares” arising from sale of fishing vessel and associated fishing rights. 

Intellectual Property – several 5- and 6-figure trademark or copyright infringement cases…..6-figure patent infringement dispute between established high technology company and start-up company owned by former employees of established company (color printers).....copyright dispute concerning rights to publish photographs.....7-figure dispute between patent licensor and licensee concerning high technology development/license agreement (wireless communications).....numerous software counterfeit/piracy cases. 

Labor – Work jurisdiction dispute involving two craft unions, building trades council bargaining agent and school district employer.  

Professional Fees – 6-figure dispute between executive search firm and public utility concerning executive search fee.....6-figure dispute between law firm and former client concerning law firm’s claim for professional fee…..6-figure dispute between client and architect involving architect’s fees. 

Real Estate – 7-figure dispute between municipality and municipal power utility and landowner concerning landowner’s claims for a cross-canal bridge under early 1900s deed and associated claims for flooding damage.....6-figure dispute between residential buyer, seller and real estate broker over Form 17 disclosures…..boundary line dispute among seller, buyer, adjacent landowner, realty company.....real estate development dispute between joint venture partners.....6-figure dispute between private utility and developer concerning utility’s termination of development agreement.....5-figure commercial lease dispute. 

Securities – numerous 5- and 6-figure customer/broker disputes.

Trade Secrets – Variety of disputes between employers and former employees and/or their new employers, including disputes among NASD broker-dealers. 

UCC Breach of Warranty – 7-figure dispute between contractor and tunneling machine manufacturer.

General Business & Commercial – Variety of disputes involving vendors and customers, landlords and tenants, disputing business principals, and others.




Private and AAA- and FINRA-administered mediations and negotiations

  • $450/hr, including study and preparation, plus costs and expenses. Per diem and fixed fee options available. Reduced fee or no charge for travel time within the Pacific Northwest and to and from West Coast venues.