Blog Posts: ADR

Mediation is a voluntary process where parties jointly select a neutral third-party facilitator to help reach settlement agreements for all or some of the issues in their divorce proceeding. The mediator is a private party who is engaged and will typically be compensated based on the time they spend at his or her hourly billing rate. Three-party mediations consis...

Arbitration is an underutilized tool in Arizona family law cases. Put simply, arbitration is a dispute resolution process where an agreed-upon third party—the arbitrator—resolves a family law dispute outside of a traditional courtroom. The parties jointly select a neutral, third party to consider the facts and evidence in the dispute, the arbitrator makes an aw...

PHOENIX, Ariz. (August 20, 2022) - The law firm of Jaburg Wilk announced the formation of their ADR – Alternative Dispute Resolution Practice Group.  Attorneys in this practice group are experienced arbitrators and mediators who assist parties with dispute resolution. Arbitrators include Kathi Mann Sandweiss and Maria Crimi Speth.  Since 2016, Sandweiss has b...

In many state courts, civil cases that meet certain threshold criteria are subject to the parties’ participation in a mandatory settlement conference. Although many attorneys and litigants view these settlement conferences as a box to check on the path to trial, with preparation and good faith participation, these settlement conferences offer the parties the oppo...

There are many benefits of mediation. If it isn’t already, it should be the preferred choice for the resolution of marital, family, and other conflicts. When you step outside of the courtroom for resolution of disputes, you place fate in your own hands versus in the hands of the judge. In the courtroom, there is never enough time. There isn’t enough time to pre...

Mediation is a voluntary process in which the parties jointly select a neutral third party facilitator to help reach resolution of all or some of the issues in their divorce proceeding.  Mediation as we prefer to conduct it involves the lawyers at all times, including all meetings between the clients and the mediator. The mediator is a private person who is engag...

Your client just received a demand letter, or conversely your client wants to file a lawsuit against an adverse party. Often, the best time to resolve disputes is before the parties engage in litigation. Whether representing a plaintiff or a defendant, the benefits of participating in pre-litigation mediation are abundant. There are five key reasons why attorneys s...

As Dominic Toretto says: “Ask any racer, any real racer, it doesn’t matter if you win by an inch or a mile, winning’s winning.” “Fast and Furious” is the tenth highest-grossing film series ever, with a combined gross of over $5.8 billion (according to Wikipedia). The franchise includes action films, short films, a television series, live shows, video ga...

Getting divorced can be both emotionally exhausting and financially devastating.  Couples may consider mediation as one method to transverse through the dissolution of their marriage with less acrimony and potentially at lower cost to the divorcing couple. We often attempt to resolve divorce cases through mediation and in most cases we achieve that goal.  Genera...

After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful resolution, both parties need to have reasonable expectations, come prepared, and consider factors other than monetary terms. It is recommended that...