Shawn K. Aiken, Esq.
5090 North 40th Street
Suite 207
Phoenix, AZ 85018
Hourly Rate $650
Current Shawn Aiken, PLLC and Aiken Schenk Ricciardi P.C.
Practice 25
Cases 600
Languages English
Shawn Aiken, PLLC and Aiken Schenk Ricciardi P.C.
Attorney, Shawn Aiken, PLLC, 2016 - Present; Shareholder, Aiken Schenk Hawkins & Ricciardi P.C. 1990-2016; Associate, Beus, Gilbert & Morrill, 1984-1990; Associate, O'Connor, Cavanagh, et al., 1983-1984.
Has served as mediator in over 600 business and construction disputes. Has mediated wide variety of business disputes including those involving shareholders, partners, and members of limited liability companies; medical marijuana / cannabis industry; software and licensing agreements; and, many, many other areas of business. Cases frequently involve insurance coverage questions. The issues range from breach of contract and business torts to intellectual property claims. Construction cases involve residential and commercial projects, including disputes between owners and general contractors, subcontractors and general contractors, and multi-party disputes.
Construction cases have included the full range of issues, including mediation of the following: architectural design errors, insurance coverage, design and construction defects in residential and commercial property, and delay damages. Commercial litigation issues have included lost profit damages, breach of real estate and other business contracts, mitigation of damages, restrictive covenant, trade secret, lease, and similar claims.
Has mediated cases involving insurance coverage (legal malpractice disputes) as a party. Has mediated many cases as an advocate, including those involving breach of contract, fraud, misrepresentation, and closely-held shareholder disputes.
The parties require some mix of facilitative and evaluative skills from the mediator. The mediation of complex, litigated, business cases requires consideration of both monetary and non-monetary solutions, including preparation before the session and hard work from the parties and counsel in joint and private sessions. The mediator should serve as confidant and sounding board during the session.

Parties often come to impasse (or believe that they have come to impasse). At that point, the mediator must consider creative solutions, including med-arb proposals (high low, baseball, etc.) and other solutions (e.g., mediator's number, double blind offer, etc.). If the case does not settle at the mediation session, the mediator must be ready to work in the following days and weeks to ensure agreement.
Dave Tierney, david.tierney@sackstierney.com, (480) 425-2620
Martin Galbut, mgalbut@galbutlaw.com, (602) 955-1455
ACE 20 - Cyber Security: A Shared Responsibility, 2019; AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Developments in Arbitration Law: Practice Focused Cases, 2018; AAA Using Guided Choice to Get the Most from Your Mediation, 2016; Faculty, AAA Best Practices in Commercial Arbitration, 2016; AAA Top Techniques for Improving Arbitration Case Management Efficiency Before and During the Hearing, 2016; AA/ICDR/Mediation.org Panel Conference, 2016; Using Guided Choice to Get the Most from Your Mediation, 2015; AAA The "How To" of Presenting Damages in Arbitration, 2015; AAA Top Techniques for Improving Arbitration Case Management Efficiency, 2015; AAA Get a Grip! Wrangling the Mediation Process to Improve Your Chances of Success in Multi-Party Disputes, 2015; Faculty, AAA Conducting Research & Investigations: The Arbitrator's Authority, ACE09, 2014; Faculty, AAA Principled Deliberations, 2014; AAA/CCA/JAMS, Managing a Successful Arbitration, 2013; College of Commercial Arbitrators, Annual Meeting, 2012; Faculty, AAA/ICDR Neutrals Conference, 2012; AAA Fundamentals of Effective Mediation Advocacy, 2010; Faculty, State Bar of Arizona, Private Arbitration Update, 2009; Faculty, State Bar of Arizona, Private Arbitration Update: Advanced Arbitration Practice, 2008; State Bar of Arizona, Guerrilla Mediation: Getting Agreements in the Real World, 2009; State Bar of Arizona, Mediating Complex Multi-Party Disputes, 2009; NASP, Arizona's Mediation Workshop, 2007; AAA Dealing With Delay Tactics in Arbitration ACE04, 2007, 2005; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2006; Attended AAA Neutrals Conference, 2005; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2005; AAA Arbitrator Ethics & Disclosure ACE03, 2004; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Annual Arbitrator Update 2001; AAA Commercial Arbitrator Training, 1999; Maricopa County Superior Court Mediation and Settlement Training, 1998; AAA Introductory Arbitrator Training, 1995.
Admitted to the Bar: Arizona, 1983; U.S. District Court, District of Arizona, 1983; U.S. Court of Appeals, Ninth Circuit, 1983; U.S. Supreme Court, 2010.
Fellow, American College of Trial Lawyers; Fellow, College of Commercial Arbitrators; Fellow, American College of Civil Trial Mediators; Fellow, Academy of Court-Appointed Masters.
St. Olaf College (BA, cum laude-1980); Arizona State University (JD-1983).
Fellow, American College of Trial Lawyers; The Best Lawyers in America®:
"Lawyer of the Year," Mediation (Phoenix), 2012, 2015; "Lawyer of the Year," Arbitration (Phoenix), 2019;The Best Lawyers in America (Commercial Litigation, Mediation, Arbitration), 2009-2018; Super Lawyers: Top 50 Arizona Lawyers, 2009-2018; Southwest Super Lawyers cover feature, 2010; Selectee, Business Litigation, Alternative Dispute Resolution (2007-2017); AV Preeminent® Rating, Martindale-Hubbell®; Arizona's Finest Lawyers, 2010-present; George Lyons Mentor Award, 2016; "Top 100 Lawyers in Arizona," AzBusiness Magazine, 2013-2017; "Top 20 ADR Attorneys," AzBusiness Magazine, 2015; The Top 100 Trial Lawyers (Arizona), The American Trial Lawyers Association, 2008; "AZ Business Leaders" (Law: Alternative Dispute Resolution), AZ Big Media, 2017; Arizona Foundation for Legal Services and Education Award, "Top 50 Pro Bono Attorneys of Arizona," 2001 and 2004
“Arbitration Talks: Preparing for the Participating in the Arbitration Hearing” (panelist), State Bar of Arizona Annual Convention, June 2017; Mediation Panelist, “4th Annual Insurance Law Institute,” State Bar of Arizona, June 2017; "'Honey, I Shrunk the Documents': Developing Best Practices for Purchase Agreements that Get Deals Done" (co-presenter), State Bar of Arizona CLE, May 2017; “Breaking Impasse in Mediation” (Small Group Discussion), 14th Annual Advanced Mediation and Advocacy Skills Institute, American Bar Association, October 2016; “Innovative Trial Preparation and Presentation: Opening Statements/Closing Arguments” (co-presenter), American College of Trial Lawyers, Phoenix, April 2016; “Best Practices in Commercial Arbitration” (webinar co-presenter), American Arbitration Association, April 2016; “Neutrals’ Roundtable: Motions and Award Modifications” (panelist), American Arbitration Association, Denver, September 2015; “Research and Investigations: The Arbitrator’s Authority,” American Arbitration Association, September 2014; “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; “Recent Cases that Govern Drafting an Enforceable Arbitration Clause” (co-presenter), State Bar of Arizona Alternative Dispute Resolution Section CLE, May 2014; “Principled Deliberations: Decision-Making Skills for Arbitrators,” American Arbitration Association, May 2014; “Native American Sovereign Nations and Arbitration: The Skywalk Case,” College of Commercial Arbitrators 13th Annual Meeting, October 2013; Arizona College of Trial Advocacy, Faculty Member and Presenter, 2013; “Direct and Cross-Examination of Parties and Witnesses,” Arizona College of Trial Advocacy, July 2013; “Managing a Successful Arbitration” (panelist), American Arbitration Association University, April 2013; “Private Arbitration Update” (faculty member), State Bar of Arizona, 2008-2012; “Court-Assigned Arbitration: A Step-by-Step Guide Through the Process” (faculty member), State Bar of Arizona, 2012; “2012 Private Arbitration Update: Advanced Arbitration Practice” (faculty member), State Bar of Arizona; "Consolidation of Separate Arbitration Proceedings," Private Arbitration Update, State Bar of Arizona, 2009, 2010, and 2012; "Mediation as a Part of the Construction Claims-Solving Process" (chapter author), Arizona Construction Law Practice Manual, Second ed., 2011; "The CPA's Role in ADR," AICPA National Fraud and Litigation Services Conference, 2008; "Electronic Discovery and Offers of Judgment" (faculty member), State Bar of Arizona Trial Practice Section, 2008; "Discovery in Arbitration" (panel member), State Bar of Arizona ADR Section, 2008.
$650 Per Hour
English
United States of America
Phoenix, AZ

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.