A lawsuit may be a financial nightmare for any company, no matter how big or small it is in terms of scope or scale. Most businesses can benefit from retaining an experienced Phoenix business dispute lawyer.
At FR Law Group, we’ve honed our ability to look at things from several perspectives throughout the years. A more measured and deliberate approach is more effective when dealing with the traditional “Type-A,” overly aggressive personalities that you may instantly think of when you hear the word “lawyer.” We have over 75 jury trials under our belts, so we bring a level of expertise and authority to the table.
FR Law Group is your best choice if you need a Phoenix business lawyer with expertise representing small businesses as well as huge corporations. Our Phoenix, Arizona-based business lawyers are devoted to providing commercial services to all Phoenix businesses, big or small.
Independent Dispute Resolution in Arizona
Alternative dispute resolution (ADR) clauses are increasingly being included in regular business-to-business and consumer contracts. Even firms that do not have ADR provisions frequently employ ADR methods to resolve conflicts and keep the court and legal expenses down. At FR Law, we successfully transform our decades of business law and litigation experience into effective alternative dispute resolution representation for all of our business clients, regardless of the situation.
In a world that is beset with disputes, there is a need to resolve disagreements. With the help of a neutral third-party facilitator, conflicting parties can come up with an acceptable solution and break the stalemate. Mediation is one method that has been proven to be very effective in resolving disagreements. It provides more efficient and less expensive methods of settling disputes than are provided by the court system.
Mediation is one method of Alternative Dispute Resolution. It is the guided negotiation of a dispute between two or more participants. The individuals in disagreement meet with an unbiased, independent person, called “the neutral” (the mediator), and work to resolve their problems successfully. All this is done in a confidential and safe atmosphere.
The majority of alternative dispute resolution attorneys in Arizona choose to start the ADR procedure through mediation. Indeed, several standard ADR agreements compel disputants to submit to mediation before proceeding to binding arbitration or litigation. Before the mediation process begins, both parties submit a brief or position paper to the mediator.
Depending on the consent of the parties, the mediator may share these briefs with the opposing party. All sides attend the mediation in the same room, and the mediation is often initiated by a plaintiff presentation, followed by a defendant presentation. The mediator then conducts a question-and-answer session with both parties to better understand each party’s position, objectives, and points of compromise.
The parties withdraw to individual rooms at this stage, and the mediator initiates a period of shuttle diplomacy, examining each party’s ideals and readiness to compromise. The mediator’s familiarity with the law and understanding of the industry involved in the dispute become very important at this point.
The mediator attempts to coax the parties into a settlement range that the mediator considers reasonable and fair in light of the facts, the law, and the industry. If the parties agree on a range, the mediator suggests the parties, but the mediator’s recommendations are not binding.
Are you finding it difficult to reach a mutual agreement with another person or business but want to avoid litigation? FR Law Group Arbitration Services offers a way to acquire a binding, court-like decision without actually going through the overcrowded court system.
Two sets of laws govern arbitration in Arizona: The Federal Arbitration Act and—as of January 1, 2011—the Arizona Revised Uniform Arbitration Act. If you are required to or choose to submit your business dispute to alternative dispute resolution by arbitration, you need an Arizona lawyer who knows both sets of laws and how they interact with each other.
Arbitrations more closely resemble court proceedings than mediations without subjecting disputants to the full costs of court proceedings. Arbitration is strictly a matter of contract between the two parties. Still, public policy favors arbitration, so courts will generally resolve doubts about the applicability of arbitration provisions in favor of arbitration.
A third, independent party significantly improves chances of dispute resolution, such as dispute resolution boards, mediation, and private adjudication, which are widely used and recommended by experts. But these types of alternative dispute resolution do not offer any binding resolution. So, they may not resolve a dispute in the long term. The legally binding award arbitration it provides is one of its advantages.
Another distinct advantage of arbitration is the freedoms offered to parties to modify the process to meet their own needs, such as limiting discovery. Modifying the process is one of the most attractive features of arbitration in the United States. In recent times, the temptation to drown one’s opponent in discovery has been a common occurrence.
Excessive pleadings and erroneous submissions can occur in arbitration. Our Phoenix business dispute lawyer will select and manage discovery to relevant information to the dispute as a skilled arbitrator.
The private nature of arbitration is another attractive feature. Public court cases are subject to public exposure, and as such, companies risk being embarrassed by rulings against them. The importance of a company’s image should not be underestimated. Rules of arbitration offer parties an option to keep everything about the case private, including the existence of the dispute.
Contact Arizona alternative dispute resolution lawyers
If your firm is confronted with any type of alternative dispute resolution in Arizona, consult with a Phoenix business law attorney who is familiar with the law, your industry, and ADR processes and regulations.
Don’t hesitate to contact us if you would like more information about our services, or if you would like to determine which of our services is most appropriate for your dispute. If you think you have a potential lawsuit or are afraid you may be sued or have a charge against you, let us review your case.
To schedule an initial consultation on any business-related alternative dispute resolution problem, contact FR Law Group immediately.
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Our attorneys possess expertise in a variety of legal areas that allows us to handle straightforward matters as well as the most complicated of legal issues. We represent individuals, families, businesses, corporate giants, and non-profit organizations.