Business Arbitration and Mediation in Phoenix, Arizona
When people think of a lawyer, they tend to envision him or her in the midst of heated courtroom proceedings. The reality, however, is that litigation is quite costly, and many individuals and businesses in Phoenix tend to pursue alternative methods for settling commercial legal disputes.
Aiken Schenk provides reputable alternative dispute resolution in Arizona for all business types and sizes. Our two decades of experience as a neutral party in business arbitration and commercial mediation in Phoenix allows us to expertly serve your needs. We’re in this with you.
Commercial mediation is when two disputing parties take their disagreement to an objective third-party who can help them agree on a resolution that is fair and satisfying for both sides. The process takes each side’s goals and best interests into account and minimizes the expenses and emotional toll associated with litigation.
As mediation becomes a more common method of alternative dispute resolution, Arizona businesses are beginning to rely more on Aiken Schenk’s nationally recognized mediation skills and thoughtful approach to helping parties resolve complex disputes. Our team of mediators brings strong subject matter expertise and an evaluative approach to every mediation.
When two commercial entities encounter a legal disagreement that can’t be solved by commercial mediation, they have the option to present their case to an uninvolved, neutral third-party, who can then make a ruling that is enforceable for both parties. Arbitrators have a similar role to that of a judge, and they make executive decisions based on evidence and facts.
When it comes to business arbitration, most cases are based around contracts involving partnerships, shareholders, operating agreements, unfair competition, misrepresentation, business torts, and intellectual property. Aiken Schenk prides itself on years of experience arbitrating all of these areas of commercial law. Let us handle your case in Phoenix today.
Types of Arbitration and Mediation We Handle in Arizona
It’s not uncommon for co-owners of a business to disagree with each other on company-related matters, especially when they are active participants in the company’s daily operations or management. However, if these disagreements aren’t resolved swiftly, shareholder disputes can threaten the health of a business. Use Aiken Schenk for alternative dispute resolution in Arizona to keep your company functioning normally, to protect shareholder relationships, and to ensure the best solution through mediation or arbitration.
Partnership disputes are likely to occur at one point or another. They can arise for a variety of reasons, including unfairly divided work responsibilities, partner misconduct, disagreements about resource management, and more. If you feel that a mediator in Phoenix is all you need to reach a fair resolution, Aiken Schenk is ready to lead you to the best resolution to preserve your partnership. When mediation is not possible, allow an Aiken Schenk lawyer to arbitrate for you.
Arizona law prohibits commercial entities from unfair competition practices, like false advertising and misrepresentation, but the law isn’t enough to prevent these practices entirely. Due to the high costs of unfair competition litigation, it may not be worth pursuing your case through a conventional courtroom trial. Discuss your options for business arbitration and mediation with an Aiken Schenk lawyer.
Misrepresentation occurs when a seller intentionally misinforms a buyer about the true value of the goods or services being sold. Misrepresentation can happen during the sale of a business, a piece of artwork, or even a piece of real estate. In a world where it can be difficult to place value in someone’s word, your Arizona-based company needs a capable attorney to mediate or arbitrate you if you ever become a victim of misrepresentation during a transaction.
Business torts can be catastrophic for a business. When an individual or company interferes with the health of your operations through disparagement or otherwise, you risk losing clients, opportunities, relationships, and protected works. Trust our competent attorneys for professional commercial mediation or arbitration. We will advise you on the best course of action in Phoenix.
Intellectual property encompasses all ownership, sale, and use of intangible property, such as songs and company logos. When disputes occur over this type of property, arbitration and mediation may be the best avenue to take to avoid racking up hefty legal costs in Arizona.
Request a Consultation for Your Arbitration and Mediation Needs
Not all cases are suitable for commercial mediation or arbitration. Aiken Schenk can advise you as to which route to alternative dispute resolution is best for your unique circumstances. With effective guidance from our legal professionals, your Phoenix business will remain profitable and secure. Start on the path to resolution by contacting our firm for a consultation. We will get to work on your case right away.
Frequently Asked Questions
The business arbitration process is similar to a courtroom trial, but it’s less formal. It involves the presentation of evidence and testimony with the arbitrator acting as the judge. This person makes a ruling that is legally binding for both parties. On the other hand, mediators are in place to oversee negotiations between parties. They do not make rulings; they only help both parties communicate effectively so that they can reach a solution that is mutually satisfactory. Regardless of which path you take for your case, our Phoenix lawyers will be there to provide you with trusted legal advice as you work through your dispute.
Rules / Codes
- AAA Commercial Arbitration Rules & Mediation Procedures (eff. 10-1-13)
- AAA Code of Ethics for Arbitrators in Commercial Disputes
- Annotations to the Code of Ethics for Arbitrators in Commercial Disputes, American Bar Association/College of Commercial Arbitrators
- Arizona Revised Uniform Arbitration Act
- CPR Protocol on Determination of Damages in Arbitration
- CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration
- Federal Arbitration Act
- Global Rules For Accelerated Commercial Arbitration
- Guidelines for Arbitrators Conducting Complex Arbitrations
- Guidelines on Early Disposition of Issues in Arbitration
- JAMS Optional Expedited Arbitration Procedures
- The New Administered Arbitration Rules in a Nutshell
- New York State Bar Association Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of International Arbitrations
- Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration
- Protocols for Expeditious, Cost-Effective Commercial Arbitration
- Rules and Procedures, International Institute for Conflict Prevention & Resolution
- Rules for a Pre-Arbitral Referee Procedure
- Rules for Expedited Arbitration of Construction Disputes
- Rules for Non-Administered Arbitration
- Rules for Non-Administered Arbitration of International Disputes
- Rules for Non-Administered Arbitration of Patent & Trade Secret Disputes
- Rules of Ethics for International Arbitrators
- Rules on the Taking of Evidence in International Arbitration
- UNCITRAL Arbitration Rules (2010)
- “Arbitration Discovery in Domestic Commercial Cases,” New York State Bar Association, April 2009
- “Arizona Adopts the Revised Uniform Arbitration Act,” Hon. Bruce E. Meyerson (Ret.)
- “Best Practices in Commercial Arbitration” (webinar), Shawn Aiken and Hon. Bruce E. Meyerson (Ret.), American Arbitration Association, April 2016
- “Better Litigating Through Pre-Trial Agreements,” Stephen D. Susman and Johnny W. Carter Appendices: Pretrial Agreements • Trial Agreements
- “Developing an Effective Med-Arb/Arb-Med Process” New York Dispute Resolution Lawyer, Spring 2009
- “Dispute Resolution Law Journal” Pepperdine University School of Law
- “Economical Litigation Agreements for Commercial Contracts as a Means of Reducing Civil Litigation Costs,” – International Institute for Conflict Prevention & Resolution
- “Interpreting the Federal Arbitration Act: May an Arbitrator Issue a Prehearing, Nonparty Subpoena?” – ABA Construction Litigation Committee
- “Restrictions on Obtaining Testimony and Documents from Non-Parties Under the Federal Arbitration Act,” – Kathleen A. Roberts
- Tandem Expert Witness Examination Alternatives One and Two – Laura Kaster, Stan Sklar, Scott Donahey
- “Through a Glass Darkly: Non-Party Discovery Under the Federal Arbitration Act,” – Steven P. Caplow
Rules / Codes
- Developing an Effective Med-Arb/Arb-Med Process | New York Dispute Resolution Lawyer, Spring 2009
- Do Lawyers Really Believe Their Own Hype and Should They? A Natural Experiment | Zev J. Eisen & Yair Listokin
- Don’t Torch the Joint Session | Eric Galton and Tracy Allen, Dispute Resolution Magazine, Fall 2014
- Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations | Randall L. Kiser, Martin A. Asher and Blakeley B. McShane, Journal of Empirical Legal Studies, September 2008
- Recognizing the Role of Optimism Bias in Case Evaluation | Rick Lowe, The Legal Intelligencer
- Step Out of the Zone of Comfort: Make a Reasonably Aggressive Settlement Offer in Mediation | Lisa A. Amato, The Federal Lawyer, October/November 2016
- Trial and Settlement: A Study of High-Low Agreements | J.J. Prescott, Kathryn E. Spier, Albert Yoon