Commercial Arbitration & Mediation

Silver Cain Lawyers

Commercial Arbitration and Mediation in Arizona

Resolving Disputes Outside the Courtroom

Not every commercial dispute belongs in a courtroom — and increasingly, not every contract allows for one. Arbitration and mediation offer businesses faster, more private, and often more cost-effective paths to resolution. SilverCain’s attorneys have handled complex commercial arbitrations and mediations throughout their careers, representing clients before the American Arbitration Association (AAA), JAMS, and in ad hoc proceedings.

Commercial Arbitration

If your contract includes a mandatory arbitration clause common in commercial agreements, franchise agreements, employment contracts, and real estate transactions — SilverCain can guide you through the entire arbitration process, including:

  • Evaluating arbitration clauses and available procedural rights
  • Selecting neutral arbitrators and challenging conflicts of interest
  • Pre-hearing motions and discovery (document production, depositions)
  • Arbitration hearing preparation and presentation
  • Post-award proceedings: confirmation, modification, and vacatur motions

Leon Silver has handled arbitrations involving hundreds of millions of dollars in dispute across a wide range of industries and dispute types. We bring the same disciplined, evidence-driven preparation to arbitration that we bring to trial.

Commercial Mediation

Mediation is a voluntary process in which a neutral third party helps disputing parties reach a mutually acceptable resolution. Unlike arbitration, the mediator does not impose a decision — the parties control the outcome. SilverCain represents clients in mediations of all complexity levels, and we are skilled at using the mediation process strategically to achieve favorable settlements.

Leon Silver as Neutral Mediator or Arbitrator

In addition to representing parties in disputes, Leon Silver is available to serve as a neutral mediator or arbitrator for complex business and real estate matters. As a former Judge Pro Tem of the Maricopa County Superior Court with more than 35 years of trial and arbitration experience — and having represented both plaintiffs and defendants throughout his career — Leon brings a uniquely balanced and authoritative perspective to the neutral role.

To inquire about Leon Silver’s availability and terms as a neutral, contact us directly.

Arizona ABS Compliance

Arizona is one of the few states to permit Alternative Business Structures (ABS) — law firms with non-lawyer ownership. These innovative entities must comply with specific regulatory requirements of the Arizona Supreme Court. Leon Silver serves as a Compliance Lawyer for Arizona ABS entities, providing the regulatory guidance these firms require to operate lawfully and effectively.

Contact SilverCain

Phone: +1-602-726-1244|  Email: info@silvercain.com  |  3101 N. Central Avenue, Suite 1410, Phoenix, AZ 85012

Arbitration & Mediation FAQ

What is the difference between arbitration and mediation?

Mediation is a voluntary, non-binding process where a neutral mediator helps the parties reach a mutually acceptable settlement. The mediator does not decide the outcome. Arbitration is an adjudicative process where one or more neutral arbitrators hear the evidence and render a binding award. Both are forms of alternative dispute resolution that typically proceed faster and with more confidentiality than court litigation.

Is an arbitration award final in Arizona?

Yes, in most cases. Arbitration awards issued under the Federal Arbitration Act or Arizona's Uniform Arbitration Act are binding and can be confirmed as court judgments. Grounds to vacate an arbitration award are very narrow — limited to issues like fraud, corruption, arbitrator misconduct, or the arbitrator exceeding their authority. This finality is both an advantage (quick resolution) and a risk (limited appeal rights).

Does my contract require arbitration instead of court litigation?

Many commercial contracts contain mandatory arbitration clauses. If your contract has such a clause, you may be required to resolve disputes through arbitration rather than in court. Review your contract with counsel as soon as a dispute arises to understand whether arbitration is required, which rules apply (AAA, JAMS, etc.), and what procedural rights you have.

Can SilverCain represent me in AAA or JAMS arbitration?

Yes. SilverCain has extensive experience representing clients in arbitrations administered by the American Arbitration Association (AAA), JAMS, and other forums. We handle all phases of arbitration from pre-hearing motions and discovery through the hearing and any post-award proceedings.

Is Leon Silver available to serve as a mediator or arbitrator?

Yes. Leon Silver is available to serve as a neutral mediator or arbitrator for complex business and real estate disputes. He is a former Judge Pro Tem of the Maricopa County Superior Court and brings more than 35 years of trial and arbitration experience to the neutral role. Contact us to discuss availability and procedures.

What is an ABS entity and why does compliance matter in Arizona?

Arizona's Alternative Business Structure (ABS) rules permit non-lawyer ownership and investment in law firms under certain conditions. ABS entities must maintain ongoing regulatory compliance with the Arizona Supreme Court. Leon Silver serves as a Compliance Lawyer for Arizona ABS entities, helping these innovative businesses meet their regulatory obligations and avoid sanctions.