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Phoenix Mediator

U.S. News & World Report / Best Law Firms

Phoenix mediator Shawn Aiken on cover of Southwest Super Lawyers

Aiken Schenk is a Best Law Firms®
Metropolitan Tier 1 (Phoenix) Honoree for Mediation

 

Mediation Calendar for Shawn Aiken


Click for Printable Summary of Available Dates

To confirm Shawn Aiken's schedule, please call
DeAnn Buchmeier at 602-776-3185

Mediator Resources

Developing an Effective Med-Arb/Arb-Med Process | New York Dispute Resolution Lawyer, Spring 2009

Do Lawyers Really Believe Their Own Hype and Should They? A Natural Experiment | Zev J. Eisen & Yair Listokin

Don't Torch the Joint Session | Eric Galton and Tracy Allen, Dispute Resolution Magazine, Fall 2014

Face-to-Face Sessions Fade Away: Why Is Mediation's Joint Session Disappearing? | Lynne S. Bassis, Dispute Resolution Magazine, Fall 2014

Let's Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations | Randall L. Kiser, Martin A. Asher and Blakeley B. McShane, Journal of Empirical Legal Studies, September 2008

Recognizing the Role of Optimism Bias in Case Evaluation | Rick Lowe, The Legal Intelligencer

Step Out of the Zone of Comfort: Make a Reasonably Aggressive Settlement Offer in Mediation | Lisa A. Amato, The Federal Lawyer, October/November 2016

Trial and Settlement: A Study of High-Low Agreements | J.J. Prescott, Kathryn E. Spier, Albert Yoon

 

  Shawn Aiken, Lawyer of the Year, 2015, Mediation - Phoenix

For more than a decade, Arizona litigators have increasingly relied on Phoenix mediator Shawn Aiken's nationally recognized mediation skill and thoughtful approach in helping parties resolve complex disputes.

Lawyers and their clients appreciate Shawn Aiken's ability to grasp and evaluate conflicting positions, define contentious issues, and help adverse parties overcome obstacles to settlement of commercial and other civil disputes.

Shawn’s approach to resolving litigated matters begins with risk analysis and a generation of options. He aims to help the parties reach resolution through flexible discussion of varied approaches, including, at the end of the session, if the parties desire, adoption of binding or non-binding techniques that assure final agreement.

As a mediator, Shawn has successfully resolved matters concerning almost every aspect of civil law. He has mediated more than 450 commercial disputes, including those involving lenders, borrowers, and guarantors; commercial leaseholders and tenants; business partners, including closely held shareholders, co-venturers, members of limited liability companies, and family members; residential and commercial construction projects; and claims of breaches of fiduciary duty, unfair competition, fraud, misrepresentation, breach of contract, interference with contract, misappropriation of corporate opportunity, and lost profits.

His most frequent mediation work has been with cases involving:

  • Contracts

  • Construction

  • Death and injury

  • Product liability

  • Insurance

  • Intellectual property

  • Professional liability

  • Real estate

  • Securities

Economic Damages. Shawn Aiken has an extensive background, in advocacy and arbitration, in disputes concerning complex economic damages, including:

  • damages models (e.g., but for causation, lost profits, use of funds, loss or destruction of business, present value, and business interruption losses);

  • business and asset valuation opinions and issues (e.g., application of discounts, definitions of value, and income analysis);

  • accounting principles and issues, including analyses of financial statements;

  • economic methods and statistical analyses (e.g., regressions and Monte Carlo methods); and

  • presentations of damages related to claims and defenses concerning loss causation, consequential losses, out-of-pocket costs, mitigation, future losses, and punitive damages.

Fees

Mr. Aiken’s arbitration and mediation services are billed at the rate of $550 per hour, including study time, e.g., reviewing memoranda. When services are provided directly rather than through a third-party provider organization, Mr. Aiken’s engagement letter details compensation arrangements, including advance payment of deposits for fees.

Shawn Aiken Mediation Honors and Recognition

Fellow, American College of Trial Lawyers

Best Law Firms®: Aiken Schenk earns Tier 1 rankings for Arbitration and Mediation for 2015

Super Lawyers: Top 50 Arizona Lawyers (2009-2013); Selected for Business Litigation and Alternative Dispute Resolution (2007-2015)

The Best Lawyers in America®: Commercial Litigation and Alternative Dispute Resolution (2007-2016); Lawyer of the Year, 2012, 2015 (Mediation, Phoenix)

Professional Mediation-Related Affiliations

State Bar of Arizona: Alternative Dispute Resolution Section; Trial Practice Section

National Academy of Distinguished Neutrals

Writing for Publication

Mediation as a Part of the Construction Claims-Solving Process” (chapter author), Arizona Construction Law Practice Manual, 3rd Ed. 2016, State Bar of Arizona

Presentations

“Breaking Impasse in Mediation” (Small Group Discussion), 14th Annual Advanced Mediation and Advocacy Skills Institute, American Bar Association, October 2016

“Ten Worst Mistakes Lawyers Make in Mediation of Litigated Commercial and Business Disputes, and How to Avoid Them” (webinar), ASU Sandra Day O’Connor College of Law, June 2014