Promoting Informed Use and Best Practices for ADR in Washington
May 4-5, 2012
19th Annual Northwest Dispute Resolution Conference
6.7 Closing the Deal: Effective Use of CR2A Agreements*
Hon. Paris Kallas, Judicial Dispute Resolution, Seattle, WA
Hon. James Verellen, Judicial Dispute Resolution, Seattle, WA
Panelists: Phil Cutler, Cutler Nylander & Hayton, Seattle, WA; Lou Peterson, Hillis Clark Martin & Peterson, Seattle, WA
Moderator: Lee Jay Berman, Mediator, PMA Dispute Resolution, Los Angeles, CA
Saturday, May 5, 2012 3:00 p.m. – 4:15 p.m.
CR 2A provides the means for documenting the settlement of pending litigation, but the drafter must be aware of the case law gloss on the court rule and inherent limitations in the use of CR 2A agreements. The presentation will address best practices and traps for the unwary. Panelists will discuss agreements and other aspects advocates should know to close the deal in mediation.
Paris K. Kallas is a panelist at Judicial Dispute Resolution, where she is a mediator, arbitrator, special master, and trial and appellate consultant. She was appointed to the King County Superior Court by Governor Gary Locke in 2001. Judge Kallas presided over the full range of civil and criminal cases. Her caseload included complex litigation and such high-profile cases as the Jewish Federation shootings, police officer discipline, and childhood sex abuse and molestation allegations against clergy. Judge Kallas served as Chief Civil Judge from January 2009-July 2010 and Chief Asbestos Judge from January 2008- July 2010. During her tenure at Superior Court, Judge Kallas chaired the Local Rules Committee, the Ex Parte and Probate Department Committee, and served on the Court’s Executive Committee. From 1996-2001, she served as a Commissioner at Division One, Washington State Court of Appeals. As a trial and appellate attorney, she litigated in all levels of state court, emphasizing appellate practice and criminal defense. She received her law degree from University of Puget Sound (now Seattle University) in 1981.
Kallas is a member of the Maritime Law Association. She also serves on the Board of Directors for the Dispute Resolution Center of King County, the Foundation for Washington Courts, and the Executive Committee of the WSBA ADR Section.
James R. Verellen is a panelist at Judicial Dispute Resolution, where he is a mediator, arbitrator, special master and litigation consultant. He served as a Commissioner at Division I of the Washington State Court of Appeals from 1992 – 2011. As an appellate commissioner for almost 20 years, he has ruled on a wide range of issues and has decided the merits of hundreds of appeals. Jim frequently speaks and writes about litigation and alternative dispute resolution topics. For more than 10 years, he conducted all of the settlement conferences at Division I, with a high success rate.
Before joining the Court, Commissioner Verellen was a partner in the firm currently known as Vandeberg, Johnson and Gandara. He practiced civil law for 14 years with that firm, including a broad range of commercial, employment, business, real estate, and personal injury litigation. He received his law degree from Willamette University College of Law in 1976. He was also a law clerk to the Honorable Vernon R. Pearson.
Phil Cutler is a principal in Cutler Nylander & Hayton PS, Seattle. He has represented clients in commercial and business litigation, mediation and arbitration for over 35 years; he is now focusing on mediation and arbitration full-time. For the last 20 years, a significant portion of his practice has involved service as mediator, arbitrator and special master in commercial, business and securities disputes both privately and those administered by organizations such as the AAA and FINRA. Phil is a Fellow of the College of Commercial Arbitrators; a member of the AAA’s Large Complex Case Panel, National Commercial Arbitrator roster and Northwest Mediation Panel; chair of the ADR Roundtable (a by-invitation association of Seattle lawyers, neutrals and law teachers with an active interest in ADR); and a former chair of the WSBA and KCBA ADR Sections and the Federal Bar Association’s ADR Committee. He writes and speaks frequently on arbitration and mediation practice and procedure, and has mediated or arbitrated over 500 cases. He can be reached at email@example.com. A substantial number of articles and other materials on ADR are on Phil’s law firm’s website: www.cnhlaw.com/adr-services.
Lou Peterson is a trial lawyer, mediator and arbitrator. He is the managing principal of Hillis Clark Martin & Peterson, and a graduate of Harvard College (A.B. in Economics, magna cum laude, Phi Beta Kappa) and Harvard Law School (J.D.,magna cum laude). He represents both individuals and businesses in commercial matters of all types – from securities fraud and antitrust cases to real estate and shareholder disputes. Although a significant part of his practice involves the securities industry, his experience spans a diversity of industries – from timber and airlines to biotechnology and college football. He is a fellow in the American College of Trial Lawyers and a founding member of the ADR Roundtable.