Alternative Dispute Resolution

Arizona Mediation and Arbitration Attorneys

Over the years, we have seen the increasing importance of alternative dispute resolution (ADR) as a means of settling or determining disputed claims. Different approaches to ADR range from the inclusion of mandatory arbitration clauses in construction contracts to the less formal but no less effective work of judges at pretrial settlement conferences. We not only use mediation and arbitration to our clients' advantage, we also serve as mediators and members of arbitration panels ourselves. To learn more about our experience with alternative dispute resolution and how it can help you in civil litigation, contact a lawyer at Turley, Swan, Childers, & Torrens, PC, in Phoenix.

The main difference between mediation and arbitration is that the former involves voluntary settlement negotiation and the latter involves a ruling on the merits of the case. In other words, mediation is a focused approach to settlement negotiation that allows a neutral mediator to observe each party's presentation of the short form of its case, assess the strength of the evidence on areas of dispute, and guide the parties toward resolution. An effective mediator will give each party an accurate idea of the likelihood of success at trial. In cases where the main dispute concerns the amount of damages, the mediator will provide a candid evaluation of the case and assist the parties toward a settlement range. From that point, it's up to the parties to compromise and settle the case.

Arbitration more closely resembles a trial without a jury. Rules of procedure and evidence apply. In some construction contract disputes, the arbitration clause calls for each side to present its case before a panel of three arbitrators, with each side choosing one and the first two arbitrators themselves selecting the third. The arbitration process is usually faster and more streamlined than litigation and trial, largely because the amount of pre-trial discovery such as depositions and written interrogatories is limited, and also because the arbitrators are professional fact finders.

At Turley, Swan, Childers, & Torrens, PC, our experience with civil litigation and ADR techniques of all kinds allows us to find the dispute resolution forum that's right for your case and your objectives. With five of our attorneys experienced with serving as mediators or arbitrators, we also represent a sound choice for parties who need to select a knowledgeable neutral. For additional information, contact one of our attorneys in Phoenix.