Page 14 June 2013 Arbitration usually means settlement out of court Jennifer Cranston By Jennifer Cranston During the past decade or so, arbitration has become an increasingly effective tool for parties to resolve their disputes more quickly and with less expense than traditional litigation. Arbitration is similar to going to court, except instead of asking a judge or jury to decide the case, the verdict is rendered by an impartial third-party or panel. In Arizona, there are two primary paths to arbitration – by contractual agreement or pursuant to statutory compulsory arbitration. Contractual Arbitration Parties to a contract can agree to resolve future disputes by binding arbitration. Binding arbitration means the decision of the arbitrator(s) is fi nal and cannot be appealed absent unique circumstances. Provisions requiring binding arbitration are fairly standard. Most commercial contracts – including agreements for services, products, fi nancing and construction – contain a requirement that the parties arbitrate. Typically, contracts also provide for a particular arbitration forum, such as the American Arbitration Association or JAMS. In the event a dispute arises, the parties can agree to waive the arbitration provision and proceed with traditional litigation in the court system. Such a waiver takes the agreement of both parties. If either party still wants to use binding arbitration, he or she can fi le a motion with the court seeking to enforce the contractual arbitration provision. Continued on page 15 TAKE THE HEAT OFF DAD TAKE THE HEAT OFF DAD CHILL WITH A NEW A/C SYSTEM CHILL WITH A NEW A/C SYSTEM Family Owned & Operated Licensed, Bonded & Insured Service & Install on all Makes & Models Free Estimates on New Equipment RESIDENT Ʈ AL & COM 0( R ǨƮ AL RESIDENT Ʈ AL & COM 0( R ǨƮ AL REBATES & CREDITS AVAILABLE! I Ǖ6 TA ǒ L $ N Ʃ W I Ǖ6 TA ǒ L $ N Ʃ W ENV ,ƺǖƴ0 ENTA dzǒ Y ENV ,ƺǖƴ0 ENTA dzǒ Y F ƺ, E ǕLjǒ Y $ /C ǜǣ67Ʃ0 ! F ƺ, E ǕLjǒ Y $ /C ǜǣ67Ʃ0 ! ROC Licenses: 80131, 80132, 80133 R E F R I G E R AT I O N A I R C O N D I T I O N I N G R E S I D E N T I A L C O M M E R C I A L 3231 East Washington 602-957-3745 www.AccuTempAZ.com Bill Murley, President ACCUTEMP IS AN APS/SRP QUALIFIED CONTRACTOR $ /C • H Ʃ$ TI Ǖ G • Ʊ OW 7Ʃǔ P • ,Ǩ( M $Ǩƭ IN ( & M 2 R ( ! $ /C • H Ʃ$ TI Ǖ G • Ʊ OW 7Ʃǔ P • ,Ǩ( M $Ǩƭ IN ( & M 2 R ( ! Visit us and see the many ways we can care for your family. Dr. Rob Mirabelli and Dr. Jen Mirabelli Board Certified Pediatric Dentist Board Certified Orthodontist i PEDIATRIC DENTISTRY & OR THODONTICS www.camelbackpedoortho.com 44th Street & Camelback Road 602-595-3531
Page 15 June 2013 In response, Arizona courts typically agree to dismiss the lawsuit without prejudice, which allows the plaintiff to bring the claim in the arbitration forum. If a dispute proceeds to binding arbitration, the parties often split the fees of the arbitrator(s). Even though contractual arbitration involves this extra expense, the total cost tends to be less than going to court because the process is faster. Compulsory Arbitration Pursuant to A.R.S. § 12-133, certain lawsuits must go through arbitration before being heard by a judge or jury. In Maricopa County, a lawsuit is subject to compulsory arbitration if it seeks only monetary damages of $50,000 or less. A lawsuit that quali fi es for compulsory arbitration is automatically assigned to an arbitrator, who is randomly selected from a list of attorneys who have been practicing a minimum of four years. The arbitrator hears the parties’ dispute and renders a decision within six months. Unlike contractually binding arbitration, the arbitrator’s decision in this kind of arbitration can be appealed to the court. On appeal, the judge or jury will decide the merits of the case without consideration of the arbitrator’s decision. However, frivolous appeals are discouraged by a penalty built into the rules. If the appealing party does not achieve a result at least 23 percent better than the arbitrator’s decision, then that party will have to pay the opposing party’s costs, attorneys’ fees and expert fees. Perhaps because of this penalty or the soundness of the arbitrators’ decisions, the compulsory arbitration system in Maricopa County appears to be working well. In 2012, more than 14,000 cases were referred to compulsory arbitration. Of those, 329 were appealed to the court and only 24 went to a jury trial. Arcadia resident Jennifer A. Cranston is a shareholder at Gallagher & Kennedy, P.A. For more information about Ms. Cranston, go to www.gknet.com. Arbitration Continued from page 14 Professional appraiser Sean Morton will be at the Shemer Art Center from 6-7:30 p.m. June 6 for an appraisal event. Open to the fi rst 50 people, appraisals are $20 per piece. Set-up will begin at 5:30 p.m., and Morton will discuss each piece one-on- one in front of the audience. Refreshments served. For more information, call 602-262-4727. arcadiadaily.com arcadiadaily.com At Brookdale ® Place Paradise Valley, we’ll help you solve your retirement puzzle! From the subtle to the sublime, we provide the services and amenities that promote a lifestyle of happiness, fun and fulfillment. Optimum Life ® helps residents live at their peak level in six key areas or dimensions of wellness: purposeful, spiritual, emotional, social, intellectual and physical. And with Innovative Senior Care SM , residents have access to convenient on-site therapy services. Nearly all the pieces are in place. The only one missing … is you! UÊÊ >ÞÊ,iÃÌ>ÕÀ>ÌÊ } UÊÀiiÊ7 UÊ7>}Ê*>Ì Ã UÊ-V i`Õi`Ê/À>ëÀÌ>Ì UÊ"ÕÌ}ÃÊ>`Ê >ÞÊ/À«Ã UÊ-V>Ê ÛiÌà UÊ-> UÊ7iiÞÊ>««ÞÊÕÀà UÊ/>Ê Ê>`Ê9}> UÊ<ÕL> UÊi>Ìi`Ê* UÊ Ê*` Come for a visit and stay for lunch! 9ÕÀÊÃÌÀÞÊVÌÕiÃÊ iÀi°°° Independent Living Personalized Assisted Living 13240 North Tatum Boulevard Phoenix, Arizona 85032 1-888-396-6692 www.brookdaleliving.com ®Reg. U.S. Patent and TM Office. 00783-ROP01-0812 SC 480-941-8954 9:30 – 5:30 Monday – Friday • 9:30 – 5:00 Saturday • 5625 East Indian School Road, Phoenix www.oneposhplace.com Visit our Retail Showroom Also offering Award Winning Interior Design by Paige Bailey & Associates, Inc.