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Comm. Eric B. Watness (Ret.)
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General Biography
Practice Areas
American Indian Tribal Law
Business Commercial
Construction Defect
Education Law
Employment Law
Estate Probate Trusts
Family Law
Governmental & Public Agency
Insurance
Personal Injury
Professional Liability
Real Property
Honors, Memberships, and Professional Activities
Background and Education
Commissioner Eric B. Watness (Ret.), an experienced neutral, spent over 16 years as Court Commissioner with the King County Superior Court in their Ex Parte and Probate Department and Juvenile Court Department where he gained extensive experience handling and settling family law and probate matters. Commissioner Watness presided over Ex Parte and Probate matters, Juvenile Court Dependency and Termination of Parental Rights petitions, Juvenile Offender matters, Truancy proceedings, Family Law Motions and the Adult Plea and Disposition calendar. He conducted trials as Judge Pro Tem and also handled numerous judicial settlement conferences.
Prior to becoming a commissioner, he was in private practice for 13 years with an emphasis on family law, probate, adult guardianship, and adoptions. Commissioner Watness began his legal career as an Assistant Attorney General for the Washington State Attorney General where he represented the Washington State Department of Social and Health Services in child support enforcement, parole revocation hearings, juvenile court dependency, and termination of parental rights trials.
Over more than the last decade, Commissioner Watness has provided a wide range of dispute resolution services through JAMS as a mediator, arbitrator, and special master. His expertise covers probate, trust, minor settlement, guardianship and conservator matters, all aspects of family and juvenile law matters, collections, property disputes, and personal injury proceedings. He had also spoken and written frequently on legal subjects related to these as well as ethics, alternate dispute resolution and civil law practice.
ADR Experience and Qualifications
Successful mediator and arbitrator of many types of cases including employment, breach of contract, estate/probate, family law and personal injury issues
Served 16 years as Court Commissioner with King County Superior Court Probate and Juvenile Court Department
Thirteen years in private practice handling family law, adoption, and probate matters
Spent five years as Assistant Attorney General representing the Washington State Department of Social and Health Services, child support, and juvenile dependency
Frequent presenter and author for attorney continuing education programs pertaining to court commissioner duties in the civil, probate, guardianship, trust, adoption, and juvenile court practice areas
Conducted judicial settlement conferences
Representative Matters
American Indian Tribal Law
Handled Indian child welfare issues including adoptions; worked with the Seattle Indian Center
Business Commercial
Mediated business dissolution and collection matters
Mediated business dissolution successfully
Resolved partnership dispute resulting in one partner buying out the other.
Resolved wrongful foreclosure matter including amount of damages
Mediated matter where plaintiff in Washington action seeks contract damages for unpaid invoice balance to include insurance premiums and other unspecified expenses plus UCC filing fees and default flat fees plus attorney fees for Washington action and for a dismissed Oregon action
As a businessman, owned and operated a Bed and Breakfast in the Seattle area thus is knowledgeable in all aspects of running a business including employment issues, licensing and taxes, food regulations, and sales/marketing
Construction Defect
Supervised a guardianship that included a home with window and siding construction defects
As a commissioner, oversaw receiverships involving large construction projects
Owned a 4-unit condominium building and gained experience with construction defect and other issues such as tank removal and a suit against a bond
Debtor/Creditor
As a court appointed referee oversaw supplemental proceedings examination including issuing rulings on evidence objections, periodic reports to superior court and directing collection of property in satisfaction of a multimillion dollar judgment
Education Law
As an attorney, worked on special education cases
Employment Law
Mediated breach of employment contract cases including non-compete issues between veterinarian and his former employer regarding hiring away of employees of former employer.
Resolved dispute between company and employee regarding employee’s status – employee v. contractor
Estate Probate Trusts
As a mediator and arbitrator, has extensive experience with a vast amount of cases ranging from straight forward to very complex estate and trust matters
Mediated matter concerning a trust action against bank trustee for alleged mishandling of estate and LLC holdings
Successfully settled dispute between four siblings regarding parents’ estate; successfully settled guardianship matter involving 83 year-old mother and two children involving financial and health decisions
Settled matter involving multi-million dollar life insurance policy that had claims by both current and former spouses of deceased
As a Special Master for Trust, probate and LLC/partnerships: Conducted an investigation and issued reports to the court as a Special Master into alleged mismanagement of interrelated family real estate partnerships, LLCs and trusts holding a marina (dissolved through receivership) and two apartment complexes managed by one sibling who was also appointed as a personal representative in probate estate
As a commissioner, oversaw liquidation of significant business and personal properties for intestate estates, ruled on adult guardianships including contested matters, heard a matter involving removal of a trustee and the appointment of a receiver in lieu of a successor trustee. As a lawyer, his practice focused on probate and adult guardianship matters
Family Law
Resolved, as a mediator, arbitrator, attorney, commissioner, settlement judge, and judge pro tem, numerous matters involving all aspects of marriage dissolutions such as:
property division
child support
maintenance
parenting and visitation plans
relocation of one parent, prenuptial agreements
termination of parental rights
non-parental custody
substance abuse issues and claims of domestic violence
Expertise in adoption matters, both domestic and foreign. As a practitioner, represented private adoption agencies. Handled matters involving same sex and domestic partnerships
Governmental & Public Agency
Represented the Department of Social and Health Services for the Washington State Attorney General’s Office and therefore has understanding of child support and child welfare issues and experience applying state and federal welfare regulations
Insurance
Resolved dispute between former and current spouse of decedent regarding proceeds of life insurance. Divorce decree with former wife had proceeds going to her in total
Personal Injury
Mediated matters including wrongful death claim of a man hit by a truck and elder abuse against a convalescent center
Arbitrated underinsured motorist claims
Mediated malicious prosecution case stemming from contentious dissolution case when one party came to house to pick up personal items per decree, former spouse called police
Resolved motor vehicle collision case involving commercial vehicle
Mediated personal injury matter that occurred in a container terminal
As a commissioner, reviewed Minor Settlement proposals for approval. In a post minor settlement proceeding, reviewed law suit by a child against his father and the bank for theft of his settlement funds that had been ordered into a blocked account.
Many matters involving vulnerable adults including injury and abuse claims
Professional Liability
Mediated claim for special and general damages alleged to have resulted from improper dental implants
Claim against broker, real estate agent and law firm that processed escrow on the purchase of a business
Real Property
Commissioner Eric B Watness (Ret) has been both a tenant and a landlord. More significantly during his assignment in the King County Superior Court Ex Parte and Probate Department he heard and adjudicated approximately one third of all eviction proceedings filed in King County under the Residential Landlord and Tenant Act. In addition he decided many commercial eviction complaints and handled related matters including receivership petitions and foreclosure proceedings. He also participated in numerous continuing education sessions for attorneys and pro tem commissioners discussing views from the bench. The Commissioner is well suited to assist, both in experience and demeanor, with resolution of landlord and tenant matters for the purpose of achieving satisfactory, mutually agreeable results short of litigation.
Mediated landlord-tenant dispute and a partition action involving a condo that parties owned as tenants in common
Resolved landlord-tenant dispute over water damage, cat damage and hoarding behavior
Settled dispute over prescriptive easement and removal of obstructions between two adjacent properties
Mediated property line dispute and resolved title to disputed real estate, parties agreed to divide property along obvious uses
Settled property line/fence alignment dispute between two neighbors and restated the parties’ driveway easement
Mediated case concerning retaining wall that allegedly encroached onto neighbor’s property
Honors, Memberships, and Professional Activities
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Awarded, Betty B. Fletcher Judge of the Year to all King County Superior Court Commissioners by Washington Women Lawyers, 2011
Member, Washington State Bar Association Elder Law Section, serving on Executive Committee as co-chair of grants committee, 2011
Member, Washington State Bar Association Alternative Dispute Resolution Section, 2011
Awarded, Angel in Adoption Award, Congressional Coalition on Adoption by nomination of Washington Rep. Jay Inslee, 2010
Awarded, Outstanding Leadership and Commitment, Guardianship GAL Program Chair King County Bar Association, 2009
Member, Guardianship/Probate Judges Committee, Washington Superior Court Judges Association, 2009-present
Member, Washington Court Improvement Program Grant Steering Committee, By appointment of the Washington State Supreme Court, 2005-present
Judicial Co-Chair, King County Bar Association Guardianship GAL continuing education program, 2000-present
Member, King County Unified Family Court Committee, 2000-2001
Awarded, Outstanding Achievement Award, Region 4 Adoption Project Washington DSHS Div of Child and Family Services, 2000
Member, Family and Juvenile Law Judges Committee, Washington Superior Court Judges Association, 1991-present
Member and Past President, Washington Family Support Council, 1979-1981
Training, New Uniform Family Law Arbitration Act, Washington State Bar Association, October 2023
Participates as a student and presenter in frequent continuing legal education programs focused on family law, elder abuse, probate, guardianship, and juvenile delinquency.
Background and Education
Court Commissioner, King County Superior Court, Ex Parte and Probate Department and Juvenile Court Department, 1995-2011
Founding partner and Attorney at Law, Eric B. Watness and Associates, Seattle, 1982-1995
Assistant Attorney General, Washington State Attorney General, Representing Washington State Department of Social and Health Services, 1977-1982
J.D., Willamette University College of Law, Salem, OR, 1977
B.S. in Sociology and History, Portland State University, Portland, OR, 1974
Portland Community College, Portland, OR, 1970-1971
"[Settling two difficult cases] was in large part due to the tireless efforts of Commissioner Eric Watness (Ret.) from JAMS."
- Seattle Attorney
“[Commissioner Watness] is impossible to ruffle. He is very practical, uses good common sense and parties feel they have been listened to. He is willing to make the hard decisions.”
- Prominent Seattle Area Lawyer
“[Commissioner Watness] gets into the details of the case and is tenacious. He takes initiative, is creative in looking for a resolution.”
- Washington State Attorney
“Thank you so much for your patience, calmness and professionalism through the mediation process. The fear of the unknown turned to a burst of confidence when I met you! The outcome was a ‘win-win’ for both parties.”
“I was impressed at how well Commissioner Watness knew the facts of our very complicated estates at the outset of the mediation. His preparation definitely helped us through the process. Further, his patience and knowledge helped greatly.”
“Commissioner Watness was great! His excellent, unbiased skills on the bench have translated into excellent, unbiased skills as a mediator.”
“Commissioner Watness was outstanding. He was thoughtful and very kind with my client. He swiftly produced a very fair deal.”
“When Commissioner Watness was on the bench, I thought he did a great job, was up on the issues and familiar with the law. I feel he was able to transfer that to his mediation practice. It was clear he read the materials, understood the issues and was prepared. Commissioner Watness was able to clarify the issues with the parties then start focusing on them to come to a settlement.”
“Commissioner Watness handled the matter brilliantly. I think he made both sides feel comfortable and I think that helped the case settle.”
“Commissioner Watness was well prepared and clearly understood the complicated history of this matter. He paid close attention to the legal and practical concerns of my client and gave honest assessments of our case.”
“Commissioner Watness knows the subject matter and is good with the emotions as well. I appreciated Commissioner Watness’ ability to switch gears from talking about the law and facts to helping the parties with emotional issues.”
“His experience as a commissioner helped both parties understand the likely outcome at trial.”
“[Commissioner Watness has…] knowledge of family law and a calm demeanor when dealing with exceptionally high conflict parties.”
“[Commissioner Watness has…] listening skills and the ability to assess the case quickly. [He has an…] ability to communicate assessment to client in effective manner.”
“[Commissioner Watness has…] good ability to explain the process and the benefits of reaching a resolution and the need to put emotions aside to the extent possible.”
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Counsel Comments
- Seattle Attorney
- Prominent Seattle Area Lawyer
- Washington State Attorney