Shawn K. Aiken

Practice Areas

Shawn Aiken devotes a substantial portion of his practice to mediation and arbitration and was selected by The Best Lawyers in America as Lawyer of the Year (Mediation, Phoenix) for 2012, 2015, and in 2019 for his arbitration work in Phoenix.

In addition, Super Lawyers has ranked Shawn among its “Top 50 Lawyers” in Arizona every year since 2006.

A Fellow of the American College of Trial Lawyers (ACTL), Shawn also advocates for clients in complex business litigation involving contracts, corporate governance, business torts, intellectual property and unfair competition.

He is one of only five lawyers in the United States who are fellows of both the ACTL and the College of Commercial Arbitrators.

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Professional Memberships

  • State Bar of Arizona: Civil Practice and Procedure Committee, 2002-2007; ADR Section; Trial Practice Section; Fee Arbitration Panel; Model Jury Instruction Committee (RAJI 3d)
  • Federal Bar Association
  • Million Dollar Advocates Forum
  • American Arbitration Association: National Commercial Panel of Neutrals; National Sports Panel; Large, Complex Case Panel
  • National Academy of Distinguished Neutrals: Charter Member
  • American College of Civil Trial Mediators
  • CPR Panels of Distinguished Neutrals: Arbitrator and Mediator, Real Estate Panel, Phoenix ADR Panel
  • U.S. Bankruptcy Court, District of Arizona: Approved Compensated Mediator
  • Fellow, College of Commercial Arbitrators
  • Horace Rumpole Inn of Court: Former Master, Counselor and President
  • National Academy of Distinguished Neutrals  –  View Shawn Aiken’s NADN Profile

Community

  • Coach, Jenckes Cup Competition, Sandra Day O’Connor College of Law, Arizona State University, 2009-2011
  • University Lutheran Church
  • Arizona Baseball and Softball Commission, 2006
  • Tempe Leadership
  • Coach: JAM Basketball, Tempe Mudcats Baseball Club, Tempe American Little League and All-City Basketball

Publications

  • “Arbitration Talks: Preparing for the Participating in the Arbitration Hearing” (panelist), State Bar of Arizona Annual Convention, June 2017
  • “Best Practices in Commercial Arbitration” (webinar co-presenter), American Arbitration Association, April 2016
  • “Neutrals’ Roundtable: Motions and Award Modifications” (panelist), American Arbitration Association, Denver, 2015
  • “Conducting Research and Investigations: The Arbitrator’s Authority” (faculty), American Arbitration Association, 2014
  • “Ten Worst Mistakes Lawyers Make in Arbitration” (webinar), Sandra Day O’Connor College of Law, 2014
  • “Recent Cases which Govern Drafting an Enforceable Arbitration Clause” (co-presenter), State Bar of Arizona Alternative Dispute Resolution Section CLE, 2014
  • “Principled Deliberations: Decision-Making Skills for Arbitrators” (faculty), American Arbitration Association, 2014
  • “Managing a Successful Arbitration” (panelist), American Arbitration Association University (Phoenix), 2013
  • “Ten Worst Mistakes Lawyers Make in Arbitration” (presenter), Sandra Day O’Connor College of Law (telephonic seminar), 2013
  • “Court-Assigned Arbitration: A Step-by-Step Guide Through the Process” (faculty member), State Bar of Arizona, 2010
  • “2009 Private Arbitration Update” (faculty member), State Bar of Arizona, 2009
  • “Consolidation of Separate Arbitration Proceedings,” Private Arbitration Update, State Bar of Arizona, 2009
  • “The CPA’s Role in ADR,” AICPA National Fraud and Litigation Services Conference, 2008
  • “2008 Private Arbitration Update: Advanced Arbitration Practice” (faculty member), State Bar of Arizona, 2008
  • “Discovery in Arbitration” (panel member), State Bar of Arizona ADR Section, 2008
  • “Private Arbitration in Arizona,” State Bar of Arizona, 1999

Training Received, American Arbitration Association (AAA)

  • Conducting Research and Investigations, 2014
  • Principled Deliberations (Faculty), 2014
  • Fundamentals of Effective Mediation Advocacy, 2010
  • Dealing with Delay Tactics in Arbitration (ACE004), 2007, 2005
  • Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006
  • Attended AAA Neutrals Conference, 2005, 2016
  • Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005
  • Arbitrator Ethics & Disclosure (ACE003), 2004
  • Commercial Arbitrator II Training: Advanced Case Management Issues, 2002
    Annual Arbitrator Update 2001
  • Commercial Arbitrator Training, 1999
  • Introductory Arbitrator Training, 1995

Arbitration

Shawn Aiken’s arbitration work in commercial disputes focuses largely on contracts – with an emphasis on shareholder, partnership, operating and other commercial agreements – unfair competition, misrepresentation, business torts, and intellectual property.

​Shawn Aiken has acted as sole arbitrator in cases involving business and commercial claims ranging from $200,000 to over $100 million, including claims concerning:

  • Asset acquisitions, including business sales and failed mergers
  • Internet licensing agreements
  • Banking
  • Construction claims, especially delay and defects
  • Real estate disputes, including lease and purchase agreements and especially appraisal and valuation of real property and commercial lease interests​
  • Medical partnership and related health care contract disputes, including medical services agreements
  • Division of legal fees in national class action
  • Senior executive employment and compensation agreements
  • Partnership, shareholder, corporate, and accounting firm disputes
  • Licensing, franchise, and product royalty agreements​
  • Trade secret and unfair competition claims
  • Patent and copyright infringement cases
  • Lender/borrower disputes​
  • Employment termination, including claims arising out of restrictive covenants, buy-sell provisions and related claims​
  • Trade secret, fraud, negligence, breach of fiduciary duty, and misrepresentation claims, often concerning lost profit and similar financial damage claims

Mediation

Lawyers and their clients appreciate Shawn Aiken’s ability to grasp and evaluate conflicting positions, define contentious issues, and help adverse parties overcome obstacles to settlement of commercial and other civil disputes.

Shawn’s approach to resolving litigated matters begins with risk analysis and a generation of options. He aims to help the parties reach resolution through flexible discussion of varied approaches, including, at the end of the session, if the parties desire, adoption of binding or non-binding techniques that assure final agreement.As a mediator, Shawn has successfully resolved matters concerning almost every aspect of civil law. He has mediated more than 400 commercial disputes, including those involving lenders, borrowers, and guarantors; commercial leaseholders and tenants; business partners, including closely held shareholders, co-venturers, members of limited liability companies, and family members; residential and commercial construction projects; and claims of breaches of fiduciary duty, unfair competition, fraud, misrepresentation, breach of contract, interference with contract, misappropriation of corporate opportunity, and lost profits.His most frequent mediation work has been with cases involving:
  • Contracts
  • Construction
  • Death and injury
  • Product liability
  • Insurance
  • Intellectual property
  • Professional liability
  • Real estate
  • Securities

Economic Damages

Shawn Aiken has an extensive background, in advocacy and arbitration, in disputes concerning complex economic damages, including:

  • Damages models (e.g., but for causation, lost profits, use of funds, loss or destruction of business, present value, and business interruption losses);​
  • Business and asset valuation opinions and issues (e.g., application of discounts, definitions of value, and income analysis);
  • Accounting principles and issues, including analyses of financial statements;
    economic methods and statistical analyses (e.g., regressions and Monte Carlo methods); and
  • Presentations of damages related to claims and defenses concerning loss causation, consequential losses, out-of-pocket costs, mitigation, future losses, and punitive damages.

Honors & Awards

  • Super Lawyers: Top 50 Arizona Lawyers, 2006-2019
  • “AZ Business Leaders” (Law: Alternative Dispute Resolution), AZ Big Media, 2017
  • The Best Lawyers in America (Commercial Litigation, Mediation, Arbitration), 2007-2020

Bar & Court Admissions

  • Arizona, 1983
  • U.S. District Court for the District of Arizona, 1983
  • U.S. Court of Appeals for the Ninth Circuit, 1983
  • Supreme Court of the United States, 2010

Education

Arizona State University, J.D., 1983

St. Olaf College, B.A. cum laude, 1980: National Collegiate Champion, Extemporaneous Speaking, 1980

Birthplace

Grand Forks, North Dakota

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