Mediation and Arbitration in Aviation: Bridging the Gap Between Law and Flight

Disputes in the aviation industry are often technical, time-sensitive, and high-stakes. They involve complex systems, multi-jurisdictional operations, FAA regulations, union dynamics, and overlapping liability across maintenance, operations, and employment sectors. For attorneys representing aviation clients, the challenge is clear: resolving conflicts in a way that protects business operations, complies with safety standards, and accounts for the unique rhythm of the aviation environment.

Mediation and arbitration—as forms of alternative dispute resolution (ADR)—offer critical tools for resolving aviation disputes outside the courtroom. However, the effectiveness of these processes hinges on one key factor: the expertise of the neutral mediator or arbitrator.

Why Aviation Disputes Require a Different Lens

When the neutral speaks both the language of aviation and the language of law, the process becomes more efficient, credible, and solution-focused. That is where the dual perspective of a lawyer-pilot neutral becomes essential.

The Disconnect Between Law and Aviation

Most litigators and judges are unfamiliar with the technical and operational aspects of aviation. They may understand tort law, employment statutes, or contract principles, but they lack fluency in terms like “duty time,” “Part 121 operations,” “FAR violations,” or “de-icing procedures.” That disconnect leads to longer discovery, more expert testimony, and an uphill battle for counsel to educate the court or opposing party.

Aviation disputes often involve:

• Pilot certification or suspension matters

• Maintenance error claims

• Airline contract breaches

• Wage and hour claims under FAA-regulated schedules

• Injury or wrongful death under state tort law with FAA implications

• Vendor and subcontractor issues at airports

Each of these disputes requires interpretation of facts and behaviors through an aviation-specific lens. Without that context, ADR risks becoming just as drawn out and inefficient as litigation.

The Value of an Aviation-Experienced Neutral

When a neutral mediator or arbitrator has firsthand experience in the cockpit, on the ramp, or within airline operations, they bring invaluable insight to the table. A lawyer-pilot understands why a flight delay may trigger a labor dispute, how maintenance decisions affect liability, or why fatigue policies matter in compensation cases.

Advantages of Choosing a Lawyer-Pilot Neutral:

1. Credibility with both sides
   Whether parties are pilots, operators, insurers, or plaintiffs, a neutral who has aviation experience gains trust more quickly.

2. Faster comprehension of facts
   The neutral doesn’t need weeks of briefing to understand a maintenance log, dispatch record, or operational manual. This streamlines the process.

3. Fewer miscommunications
   Technical language and aviation acronyms don't require translation, reducing misunderstandings and procedural delays.

4. Deeper analysis of causation and responsibility
   A lawyer-pilot can assess whether a mechanical failure, weather decision, or human factor contributed to an incident—without over-reliance on outside experts.

5. Balanced fairness
   Because they understand industry norms, aviation-experienced neutrals don’t over-penalize common practices that may appear negligent to outsiders but are standard in context.

Mediation in Aviation: When Efficiency Matters

Mediation services are ideal for cases where both parties seek control over the outcome and prefer collaboration over confrontation. Aviation cases often benefit from in-person mediation, particularly when dealing with sensitive personnel matters or when operational data needs to be reviewed on-site.

Scenarios Where Mediation Excels:

• Wage and hour disputes among flight crew or ground staff

• Crew member injuries or accommodation requests

• FAA investigation follow-ups where internal resolution is preferable

• Disputes between aviation vendors and service providers

• Union-employer disagreements related to scheduling or overtime

Mediation allows parties to craft solutions that are flexible, private, and compliant with both employment and FAA standards. In aviation, where relationships and reputations matter, mediation helps preserve working relationships and reduce escalation.

A neutral mediator with aviation knowledge adds critical value by offering informed proposals and helping parties evaluate risk through the lens of aviation practice.

What Sets a Lawyer-Pilot Neutral Apart

Many neutrals have extensive legal training, and many professionals have aviation credentials. Few possess both. A lawyer-pilot neutral combines the logic of legal analysis with the lived experience of flight operations.

This dual expertise leads to:

• Sharper risk evaluation during negotiations

• Industry-specific settlement terms and compliance guidance

• Greater respect from aviation professionals and attorneys

• More efficient ADR sessions with less reliance on technical consultants

For attorneys representing aviation clients, this saves time, money, and credibility. For plaintiffs, defendants, and insurers, it ensures the process is grounded in reality—not just legal theory.

In-Person Mediation: Still Essential in Aviation

Remote ADR may suffice in many industries, but aviation disputes often demand in-person mediation. Reviewing aircraft records, inspecting hangars or ground facilities, or conducting group negotiations with multiple stakeholders benefits from a physical setting.

Alireza Alivandivafa provides in-person mediation services across California, serving Los Angeles, San Francisco, Orange County, San Diego, and beyond. Sessions are structured for clear decision-making and practical outcomes that align with real-world aviation operations.

ADR That Understands Flight

Dispute resolution in aviation isn’t just about contracts and claims—it’s about understanding how the aviation system works. Mediation and arbitration become exponentially more effective when led by a neutral who knows the cockpit, the control tower, and the courtroom.

Lawyers and clients navigating aviation disputes need more than just a resolution process—they need a trusted guide who speaks their language and sees the full picture.

Work with a Neutral Who Bridges Law and Aviation

Alireza Alivandivafa – lawyer-pilot Mediator and Arbitrator

At AA Resolution, Alireza brings a rare and valuable combination of legal training and operational flight experience. He delivers mediation and arbitration services with clarity, efficiency, and deep industry insight. Whether you're litigating a wage dispute, contractual issue, or personal injury claim, Alireza provides structure, trust, and resolution.

Call (310) 570-2238 to schedule a mediation or to learn more about in-person mediation and arbitration services tailored for the aviation industry.