Mediation/Arbitration

The process of Mediation and/or Arbitration is commonly referred to as Alternative Dispute Resolution, or ADR, as it is meant to provide a more efficient conflict resolution method for parties in dispute, as compared to the litigation process through the Court system.

In the context of business litigation, the disputing parties may find Mediation or Arbitration as a more cost-effective and time-efficient dispute resolution method, as the process is less formal than that typically followed in Court in civil/commercial litigation cases.

The process of Mediation and/or Arbitration can either be voluntary or mandatory, depending on circumstances.  Some contractual agreements include mandatory Arbitration/Mediation clauses, which effectively preclude the parties from filing legal actions against each other in Court, unless one party refuses to participate in the ADR process upon the request of the other.  Alternatively, certain lawsuits filed in Court are subject to mandatory arbitration, in which case the Court assigns the matter to an Arbitrator who hears the case and issues a final decision (which may later be appealed).  Similarly, in certain divorce proceedings the parties are required to go through the mediation process in an attempt to at least limit the issues for trial, if not settle the entire dispute through the assistance of a Mediator.  In cases where the parties seek Mediation and/or Arbitration services voluntarily, cost and time efficiency are typically the motivating factors.

Our ADR attorneys utilize ADR methods in a wide range of cases, including without limitation, contractual disputes; disputes over decedent’s estates; partnership disputes; corporate dissolutions; real-estate matters; divorce proceedings; child custody and child support disputes; and in business/commercial litigation generally.  Our managing partner, Amy Urness, is also listed by the Arizona Department of Real Estate as an approved mediator for Real-Estate related contractual disputes.

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