Arbitrations and Mediations

Arbitration and Mediation

Your time and resources are precious. If you have a business or personal dispute, you may not want to engage in full-blown litigation to get it resolved. At Owens and Perkins, our Attorneys have extensive experience in alternative dispute resolution.

The most common alternative dispute resolution procedures are Arbitration and Mediation or the hybrid "Med-Arb". These procedures can save you a great deal of time, money and stress compared to traditional litigation while making sure your rights are protected.

Arbitration is when the parties to a dispute agree to have a neutral third party (usually an experienced lawyer or former judge) hear the dispute and make a decision. The parties can either agree that the result of the decision-maker is final (binding arbitration) or they can reserve the right to appeal the result of the arbitration (non-binding arbitration). Arbitration is less formal than a trial, but still makes sure that an impartial decision-maker hears and decides the case.

Mediation is when the Mediator, a neutral third party, meets with the parties and their attorneys to attempt to resolve the dispute. Mediation is particularly useful in commercial disputes where the factual issues are more prominent than the legal issues. The Mediator's job is to facilitate the mediation and the exchange of information and of ideas to resolve the dispute. At the end of a successful mediation, the parties will resolve the dispute and enter into a binding Settlement Agreement. This Settlement Agreement is enforceable in court.

Some of the benefits of Mediation are:

The parties maintain control over the matter and can craft an extremely detailed agreement that they would probably never obtain in court. Mediations can be scheduled at the parties convenience and are usually conducted in one long session or a few shorter sessions. Mediations are rarely subject to the long drawn-out process of court hearings and a trial.

A successful Mediation allows the parties to move on and save time, money and stress. A successful Mediation also allows the parties to return to what is important - their business.

The less well-known method of alternative dispute resolution process is Med-Arb. Med-Arb is the process where the parties agree upon a neutral third party to first act as the Mediator of their dispute. If the parties cannot reach an agreement on some or all of the issues presented, the parties agree in advance that the Mediator will then act as Arbitrator and decide the outcome of the unresolved issues. This method of alternative dispute resolution combines the benefits of both Arbitration and Mediation and will likely keep growing in popularity.

Most Arizona Courts require the parties to attempt some form of alternative dispute resolution prior to allowing a trial to go forward. As a result, it is important to have an Attorney who is experienced in these forums, as well as litigation.

If you are interested in contracting Owens and Perkins regarding Arbitration, Mediation or Med-Arb, click here.

Contact Us

By clicking here you acknowledge that submitting your information to Owens & Perkins, P.C. does NOT establish an attorney-client relationship. A conflict check must be run prior to you communicating with one of our attorneys.