Shawn Aiken

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 400 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.