Alternative Dispute Resolution

Alternative Dispute Resolution, known as ADR, is as it sounds, an alternative to litigation.  It is a private process to resolve disputes outside of the court system. There are several forms of ADR as well as myriad reasons why ADR might be a better tool for case resolution than litigation.  While many courts recommend or require some form of ADR to resolve cases before the case can be set for trial, ADR can also be used to resolve family matters, probate disputes, commercial litigation, and contentious disputes with limited involvement from the courts.

There are three types of ADR that are used most frequently: arbitration, mediation and conciliation.  Jaburg Wilk’s ADR attorneys have expertise in both arbitration and mediation.  Conciliation is typically used by the Court system and usually does not involve the use of attorneys.   

Why should ADR be considered?  There are several compelling reasons including efficiency, flexibility, timeliness, confidentiality and control.    

  • It is potentially a lower conflict environment where shared and opposing issues may be resolved faster and more smoothly than in litigation. It will take less time and allow the parties to get the dispute resolved quickly.
  • There is a chance to have your case heard, or if it is a complex matter, to have outstanding issues resolved in a setting that allows time to delve into and understand the issues. Court calendars may not have the time to fully hear cases and it may take a very long time to get your case on a court calendar.  For example, Arizona courts handle about 8,500 new cases each business day and for commercial cases, Maricopa County judges are setting jury trial dates more than a year out.
  • It is an opportunity to resolve an issue at much lower costs.
  • It is confidential. Court cases are public records and, often, anyone can access your case from the courthouse.
  • Some contracts require mediation or arbitration prior to filing a lawsuit.

Why Jaburg Wilk?  Our ADR attorneys are experienced mediators and arbitrators.  They act in the capacity of Judge Pro Tempores for the Maricopa County Court system to handle settlement conferences, are approved AAA arbitrators, have engaged in advanced mediation training (as both student and teacher), hold advanced mediation certifications  and/or have mediated contract disputes, family law matters, trust and probate disputes.

Our ADR team is flexible and available. If the parties and counsel are in a hurry to resolve their dispute, we can find you an experienced team member on an expedited schedule. Jaburg Wilk attorneys, Kathi M. Sandweiss and Maria Crimi Speth, are AAA arbitrators and are also available for private arbitrations. Lauren Garner, Echo Reynolds, David Uffens, and Mervyn Braude are all appointed Judge Pro Tempores and Roger Cohen are both former Judge Pro Tempores for Maricopa County Courts.  They stand in place of the judge to handle Settlement Conferences.