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. Silver Cain’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 — Silver Cain can guide you through the entire arbitration process, including:
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. Silver Cain 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.
Contact Silver Cain
Phone: +1-602-726-1244| Email: info@silvercain.com | 3101 N. Central Avenue, Suite 1410, Phoenix, AZ 85012
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.
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).
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.
Yes. Silver Cain 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.
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.
Mediation is usually not binding, but it can be. In a binding mediation the parties agree ahead of time that if, at the end of the allotted time for the mediation there is no agreement, the mediator is empowered to make a binding ruling on how the case will resolve. In some cases this can be an extremely efficient and fair way to resolve a dispute.
