Failure To Comply With A Contractual Requirement To Mediate May Bar Claim For Attorney’s Fees

On June 7, 2012, the Third District Court of Appeals in California ruled that a failure to participate in mediation prevented a prevailing party from recovering attorney’s fees and costs.  Cullen v. Corwin, 2012 DJDAR 7533 (2012). The case addressed a real estate dispute involving the alleged failure to disclose a defective roof.  The parties utilized a standard form purchase agreement, which included the language that a party who: “commences an action without first attempting to resolve the … [Read more...]

Another Reason Why Arizona Businesses Should Mediate in the Workplace and Train Employees in Conflict Resolution

Arizona Businesses have many good reasons to promote peace and conflict resolution in the workplace; as reported in a previous article , conflict in the workplace costs businesses a lot of money.  Conflict results in higher employee turnover, more failed projects and costly litigation. A new study gives businesses one more reason to support good relations at work:  their employees will live longer.  As reported by Denise Mann in USA Today on August 12, 2011, a new Israeli study published in … [Read more...]

AZ Business Mediation – Words That Can Save You Thousands

Litigation costs companies thousands to millions of dollars a year.  Businesses that are sued or initiate litigation end up spending excessive funds on attorneys, experts, employee time away from work, and monetary judgments (if the company loses).  Businesses also risk damaging their reputations with a public law suit. One excellent way to avoid the risk and cost of litigation is to include a mediation provision in contracts with employees and other businesses.  A mediation clause sets forth … [Read more...]

Why Arizona Doctors Should Attend Mediation to Resolve Medical Malpractice Cases

Most doctors live in fear of being sued for medical malpractice. Such claims are prevalent enough to explain the exorbitant malpractice insurance rates in many specialties. Malpractice claims bring the risk of a large judgment and a public trial. Even if a doctor’s insurance company settles the lawsuit, that does not remove the stigma of a litigated malpractice claim. Mediation offers a confidential forum to resolve malpractice claims. In addition to the benefit of confidentiality, … [Read more...]

Hire a Business Mediator in Arizona

Mediation is an effective method for addressing a variety of business-related matters, including: • Negotiating an ownership and/or partnership agreement when forming a new business or professional practice. • Resolving disputes between principals of an existing business or practice. • Renegotiating aspects of an existing ownership and/or partnership agreement. • Negotiating an amicable dissolution of an existing business arrangement when dissolution is a the desired … [Read more...]

Using a Business Mediator in Arizona versus going to court

In the past decade, courts all over the country to require litigants to attempt mediation before having a trial or hearing. In Arizona, Alternative Dispute Resolution ("ADR") is mandatory for all parties regardless of the amounts involved and arbitration is mandatory for all disputes when the amount in controversy is below $50,000.00  Unfortunately, not all those appointed to settle cases have the same experience especially regarding business related disputes.  Many have no experience at … [Read more...]

Simmons & Gottfried, PLLC
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 998-1500