Norma C. Izzo Jennings, Strouss & Salmon, PLC One E. Washington Street, Suite 1900

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

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

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?

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