1. Norma C. Izzo Jennings, Strouss & Salmon, PLC One E. Washington Street, Suite 1900 Phoenix, Arizona 85004-2554 (480) 495-2748 norma@jsslaw.com Alternative Dispute Resolution Effective Solutions for Disputes

2. “I was never ruined but twice: once when I lost a lawsuit, and once when I won.” Voltaire

3. The Senate Table A short exercise

4. Different Methods of Solving the Problem Third Party Decider – Limited Options Alex or Morgan Party Directed Process – Infinite Options Common conference room with shared table Physically move the table from office to office Donate the table to Historical Society Burn the table

5. Types of ADR Processes Negotiation Collaborative Law Cooperative Law Mediation Arbitration Court-connected Contractual

6. ADR Techniques Adversarial Party Control PreventativeUnassistedThird Party Assistance Third Party Decision Making Litigation Joint Planning NegotiationMediation Moderated Settlement Conference Arbitration Mini-trial Court trial

7. Advantages of ADR Preserves relationships Provides durable resolution of disputes Preserves confidentiality Avoids establishing legal precedents Interested parties have more control over the process Parties Attorneys Management

8. Principles Underlying ADR Prevention is the first goal Speedy, direct resolution Conflicts should be dealt with at the most informal level of dispute resolution possible Interest based Right based Power based

9. Trends Costs of litigation are increasing Legal expertise is in demand, expensive and access is limited Most states across the US have instituted Ethical Guidelines for Mediators and State ADR Acts Judges are referring cases to mediation 10% or less of lawsuits filed are actually resolved by a judge or jury verdict Even when “you know you’re RIGHT,” ADR still proves beneficial Beneficial for value-based relationships High level of receptivity due to time and cost savings

10. When is ADR Appropriate? SituationADR – NOADR - YES Need to set precedentXN/A Need to establish a significant policyXN/A Existing policy impact on outcomesHigh Limitations Minimal limitations Involvement of third party in disputeThird PartyDisputants Only A full or public recordPublicConfidential Parties need a reality check or a party needs to “vent N/AYes Need for continued relationship between the partiesNoYes Criminality or fraud is involvedYesNo

11. Mediation “Mediation is a decision-making process in which the parties are assisted by a third party, the mediator, who attempts to improve the process and assist the parties in reaching an outcome to which all can assent.” Laurence Boulle, Mediation: Principles, Process, Practice (1996)

12. Process Expands conversation Focuses on interests Identifies common interests Results in mutually satisfactory solutions Maintains control of outcomes Documents results in writing; signed by parties involved

13. Value/Benefits No perfect contracts Defines and facilitates mutual agreement for dispute resolution process Saves time and anguish Enables parties to maintain control of outcomes Maintains/Improves relationships Results are in writing and requires agreement by parties involved Reduces court cases and related costs

14. Process Used Negotiation protocols Explore respective interests Generate options for mutual gain Identify appropriate standards Discuss risks associated with alternatives to agreement Decision makers & their attorneys meet to reach agreement Document agreement Hepworth, Joseph M., Joint Self Mediation, Arizona ADR Forum Winter 2004 Issue, January 2004