Professional Negotiation & Mediation Lawyer Representation In Phoenix
Negotiation theory, practice, and mediation are one of our main specialties at Denton Peterson Dunn, PLLC. Having the ability to successfully negotiate through a legal concern is a valuable skill that we are continually improving and fine-tuning at our law firm. When peaceful negotiation is no longer an option, formalized negotiation (also known as litigation) is the next step in finding a solution to a complex issue. The law provides extensive rules and procedures regarding how to resolve a concern, and our attorneys at Denton Peterson are proficient in understanding and applying those rules. We possess excellent communication, negotiation, and mediation skills, and we will confidently protect your rights throughout the entire process.
When you seek guidance from our attorneys, our main goal is to educate about negotiation theory and application of the law. We help you make an informed decision based on the options available to you. Making a claim, especially for the first time, can be an overwhelming prospect for our clients, so we take time to listen to you and determine whether it makes sense to proceed with the claim in a formal setting or an alternative. A formal setting would mean pursuing litigation, while an alternative method would be negotiation or mediation.
Our attorneys have a wealth of knowledge that we utilize to help our clients in a variety of ways:
Drafting business contracts
Preparing franchise disclosure and agreement documents
Purchase and sale of residential and commercial real estate properties
Drafting employment contracts
Collecting debts owed
Experienced Phoenix Attorney Participation In Alternative Dispute Resolutions
Negotiation is the main avenue of alternative dispute resolution (ADR). Our attorneys are regular participants of settlement conferences, mediations, and arbitrations with our clients, and have extensive experience helping individuals negotiate disputes with one another. Having a skilled professional negotiating alongside you and providing professional guidance makes all the difference in any legal dispute, and ensures clear communication of pertinent information. Negotiation allows more flexibility with the discussion and allows room for interventions such as caucusing (having the room to yourself and your attorney). This allows you to fully experience the scope of emotions caused by the situation without judgment from a courtroom full of observers. Being fully prepared is the key to making the most of your time and reaching an agreement, so attorneys at Denton Peterson ensure that all parties are fully prepared for the negotiation experience.
As mentioned, negotiation and other alternative dispute methods are desired over courtroom intervention because the issue is typically resolved faster and costs less. The mediator in negotiation situations is usually a Judge Pro Tem (or a retired Superior Court Judge) or a highly experienced arbitrator with excellent conflict resolution skills. Additionally, the ADR can be utilized whether or not a claim has been made. Although the claim may not be fully settled through the initial negotiation meeting, there usually are agreements reached that can end the dispute and limit litigation moving forward.
Skilled Phoenix Negotiation Lawyer Representation In Settlement Conferences
Surprisingly, many courtroom judges actually advocate for the opportunity to implement an alternative dispute resolution program. They appreciate the chance to take a case off their schedule and have it sent to a Superior Court-approved judicial officer. The judicial officer will arrange a settlement conference, and once it is scheduled by court staff, all parties must appear either in person or over the phone. The ultimate purpose of coordinating a settlement conference is to quickly resolve the issue before too much time has passed and money spent, causing more harm than good to all parties involved. These conferences are primarily driven by negotiation, so having a skilled and experienced attorney on your side to facilitate clear communication is critical. Be sure to meet with your attorney beforehand and talk through your action plan, goals, and expectations for the conference. Denton Peterson will educate you about what to expect and how to carry yourself with value during the settlement conference.
To Inquire About Our Negotiation and Mediation services, Call Our Phoenix Arizona Mediation Attorneys At Denton Peterson Today
Settlement conferences in Arizona are typically led by retired Superior Court Judges, or volunteer part-time judges (Judge Pro Tem). The main focus during the conference should be on party self-determination, and it is critical for the Judge to remain completely impartial throughout the entire process. To become a Judge Pro Tem, a licensed attorney must have at least five years’ experience practicing law within the court jurisdiction and demonstrate consistent, reputable moral character. Before the settlement conference begins, the Judge will review all the claims, pleadings, and details of the case. You can expect the settlement conference to last about 3-4 hours, and anticipate that all parties will have the opportunity to rate the performance of the Judge at the end of the meeting. If the dispute is unable to be resolved, litigation will continue, and a court date will be set.
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How Our Phoenix Mediation Lawyers Assist in Settlement Conferences:
We ensure each client is fully prepared by reviewing details of the case and talking about do’s and don’ts during the conference
We advocate for our client’s rights
We remain level-headed and calm to encourage clear thinking
We protect our client’s interests from the opposing side’s accusations
We provide guidance and encouragement to our clients during the settlement
Mediation In A Negotiation Process In Phoenix
Mediation is what happens when a neutral person assists both parties with the negotiation process. A successful mediator is impartial, happy to volunteer for the position, and carries excellent communication skills. Mediators are usually trained in the art of psychology, sociology, or communication, and often have a background in social work. If a mediator has a law degree, they should be utilized for their knowledge and experience in their specific area of law, and assist with negotiations associated with that subject matter. When searching for a mediator, it is important to ask how long they have been mediating, and what types of disputes they have helped settle. Be sure to communicate with your mediator beforehand if they charge per hour or flat rate for their services. If you are struggling to find an excellent mediator, contact Denton Peterson Dunn, PLLC for assistance. We have a hand-selected list of reputable mediators that consistently create positive outcomes during their mediation sessions.
While your mediator should have exceptional communication and negotiation skills, they should also be level, calm, and clear-headed. Legal disputes often carry a high level of emotional intensity, and a good mediator will know how and when to slow a discussion, utilize different intervention methods, and change the direction of a settlement conference. It is also important to note that both parties typically consult with their attorneys and then select the mediator together, to ensure full impartiality.
When mediation begins, the mediator will explain the process and expectations to all involved parties, and lay down some ground rules for moving forward with the discussion. Because private mediations typically need more negotiation time than settlement conferences, be sure to communicate your needs and expectations about the length of the mediation time to the mediator.
Mediations offer several benefits to all parties involved in a legal dispute. As skilled negotiators, mediators can help both parties resolve their differences, communicate their expectations, and open more opportunities for both parties to work through difficult topics. Remember, however, that a resolution is not always reached.
How Our Leading Phoenix Attorneys Assist in Mediation Cases:
We educate our clients about mediation practice and theory, so they are prepared
We provide ongoing legal advice to our clients, so they are making informed decisions
We determine credibility based on the parties present and shared information
We negotiate for our clients’ rights
Arbitration Process In Phoenix
How Our Trusted Phoenix Lawyers Assist In Arbitration Cases:
When mediation and negotiation fail to settle a dispute, arbitration is another option. Its process is quite similar to litigation in that both parties give arguments, evidence is reviewed, and a decision is reached. The decision is also known as an award. Arbitration can be either binding or non-binding, the main difference being that challenging a binding decision is basically impossible. Individuals typically use arbitration to settle business or employment disputes. Depending on the claim, arbitration can be either mandatory or voluntary.
Arbitrators, similar to mediators, are either experienced attorneys or retired judges with extensive experience practicing corporate, business, or employment law. Denton Peterson Dunn has a carefully-selected list of reputable arbitrators available for you.
Individuals prefer arbitration over actual litigation because the results are generally reached faster, and it is a more cost-effective process. Additionally, arbitration is popular due to the difficulty of challenging the final decision made by the judge.
How The Top Litigating Attorneys In Phoenix, AZ Assist In Arbitration
Ensure our clients are prepared for the arbitration process
Advocate for our clients
Protect our clients’ rights
As a reputable law firm in Arizona, Denton Peterson Dunn has excellent communication skills that have helped many clients achieve successful settlements. If you are seeking a knowledgeable advocate for your legal dispute, contact Denton Peterson Dunn, PLLC at (480) 660-3249. Please contact Denton Peterson Dunn, PLLC
How We Have Helped Clients With Mediation, Arbitration and Negotiation
Brad Denton mediated a dispute involving four business owners who were disputing how their business would be run.
Sterling Peterson and Brad Denton have participated in numerous court-ordered arbitrations on behalf of clients in Maricopa Superior Court.
Brad Denton and Sterling Peterson have represented various clients in mediations where cases have settled on terms agreeable to our clients.
Where necessary, our lawyers have refused to settle cases at mediation, because the terms offered by the other side simply didn’t meet our clients’ expectations and the realities of the case.
Brad Denton and Larry Dunn represented a client in a personal injury case involving an underinsured individual and significant medical lien issues. After filing a lawsuit on behalf of our client, we were able to obtain for our client a seven figure monetary settlement and to resolve medical liens worth several hundred thousand dollars to the advantage of our client.