JAMS

IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides…more

Clear Error Standard, Intellectual Property Litigation, Mediation, Patent Infringement, Patent Litigation

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Diversity in Mediation

Mediation, as a form of dispute resolution, relies heavily on the mediator’s ability to recognize, comprehend and address the emotions and social cues of the parties involved. Without this understanding, there lies the potential…more

Diversity, Mediation

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Consolidation and Conflict in the Health Care Industry

The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health…more

Healthcare, Medicare, Physician Medicare Reimbursements

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12 Steps to an Effective Mock Trial

While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often involve…more

Arbitration, Litigation Strategies, Trial Plan, Trials, Young Lawyers

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The Key “Moral” from Stories Mediators Tell

The theme of the 2014 Mediation Week was inspired by Stories Mediators Tell, a moving and illuminating collection of stories about the often dramatic facts of mediation life that Editors Eric R. Galton and Leila P. Love coaxed…more

American Bar Association, Mediation, Professional Conferences

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A Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues

A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in…more

Discrimination, Employer Liability Issues, FMLA, Pregnancy, Pregnancy Discrimination

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JAMS Global Construction Solutions Newsletter, Spring 2015

In This Issue: - "The 39 Steps: Is Your ADR Clause as Frightening as an Alfred Hitchcock Thriller?" - "Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America" - "How to…more

Construction Industry, Double Jeopardy, JAMS

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JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, CFRA, Employer Liability Issues, FMLA, Pregnancy Discrimination

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Parenting Plan Mediation Helps Kids

Discussion about parenting plan mediation generally focuses on the people at the table – the parents. Those parents who reach agreement express satisfaction. They save time and money by avoiding further action in court. They…more

Divorce, Mediation, Parenting Plans

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IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides…more

Clear Error Standard, Intellectual Property Litigation, Mediation, Patent Infringement, Patent Litigation

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Enforcing Arbitration Agreements: The Choice of Procedural Law

The Federal Arbitration Act (FAA) applies generally to most arbitration agreements, but parties can choose to have the procedural law of the place of arbitration apply instead. On many issues, there is no material difference…more

Arbitration, Arbitration Agreements, Choice-of-Law, Federal Arbitration Act

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JAMS Dispute Resolution Alert, Winter 2014

In This Issue: - In Depth: Engaging Neutrals for Mock Exercises Provides Invaluable Insight - ADR Conversations: More Energy, More Deals, More Disputes Domestic Focus: Mandatory Mediation Programs Successful in…more

China, Litigation Strategies, Mediation

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Three Lessons about ADR

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but are often overlooked by the practitioner. First are the multiple opportunities for the alert…more

Arbitration, Mediation

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New JAMS Arbitration Rules Offer Emergency Relief Procedures

Parties choose arbitration because it provides for a controlled process. Within that process, there is one relatively rare situation when a party requires immediate relief to get a certain aspect of the case resolved quickly and…more

Arbitration, Arbitrators, Emergency Rule, JAMS, New Regulations

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Mediation Tips For Trial Lawyers & Their Clients

Reprinted with the permission of Law Bulletin Publishing Company on January 6, 2013. In recent years, the legal profession has felt pressure to hold down legal costs and to find expeditious, cost effective methods of…more

Mediation

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The Impact of Competition Law in the Mediation of Patent Disputes

Patent disputes lend themselves well to alternative dispute resolution (ADR) methods, particularly mediation.1 Mediation provides a timely and cost-effective opportunity for parties to explore and adopt creative solutions for…more

Canada, Competition Act, Mediation, Patent Litigation, Patents

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Make the Most of Your Mediation: The Single-Family Construction Defect Case

How can you economically and effectively settle the single-family construction defect case? In a recent mediation involving a homeowner, contractor and 15 subs, the participants used the following practices, which resulted in 16…more

Construction Defects, Contractors, Inspections, Mediation, Releases

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IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides…more

Clear Error Standard, Intellectual Property Litigation, Mediation, Patent Infringement, Patent Litigation

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Intern Class Actions on the Rise

The rise in unpaid internships has led to an equally significant uptick in litigation brought by interns demanding compensation for performing the same work as paid employees. And the interns are winning…more

Class Action, Employee Rights, Employer Liability Issues, Internships, Just Compensation

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Mediating in a Changing Landscape: Whistleblower and Retaliation Claims

Whistleblower and retaliation claims are on the rise. Retaliation claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity…more

Discrimination, EEOC, Mediation, Retaliation, Whistleblowers

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The Alternative Dispute Resolution Case Evaluator’s Role in Contemplated and Pending Litigation

As the use of alternative dispute resolution has increased over the past several decades, so have the options available to parties. One of the more frequently used processes now available is an evaluation of potential or pending…more

Business Litigation

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Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a…more

Builder's Risk Exclusion, Construction Defects, Construction Disputes, Construction Workers, Contractors

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Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more

Mediation, Mentors

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JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, CFRA, Employer Liability Issues, FMLA, Pregnancy Discrimination

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Whistleblower Cases are Custom Tailored for ADR

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as…more

Arbitration, Arbitrators, Attorney-Client Privilege, Binding Arbitration, Confidential Information

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Mediation: Stop, Look and Listen

Originally published in THE RECORDER on November 30, 2012. Mediation requires counsel to view the dispute differently than when preparing for trial. Counsel who are preparing for and engaged in mediation use a different…more

Mediation

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JAMS Global Construction Solutions Newsletter, Summer 2015

Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities - Introduction - There are important differences between the American and British styles of lawyering, but there is also much common ground…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Discovery

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JAMS Global Construction Solutions Newsletter, Spring 2015

In This Issue: - "The 39 Steps: Is Your ADR Clause as Frightening as an Alfred Hitchcock Thriller?" - "Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America" - "How to…more

Construction Industry, Double Jeopardy, JAMS

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JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, CFRA, Employer Liability Issues, FMLA, Pregnancy Discrimination

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Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal…more

Anti-Bribery, Arbitration, Canada, Charitable Donations, Corruption

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Practical Considerations for Post-Trial and Appellate Mediations

THE TRIAL IS OVER. The jury has just returned a verdict either for or against your client. Or maybe the judge has granted a motion for summary judgment. The parties mediated the case before trial without success. An appeal is…more

Appeals, Jury Verdicts, Mediation, Settlement

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Why Mediate Employment Issues?

Considering the ever-increasing costs of litigation and that most employment disputes are either dismissed or settled before ever going to trial, counsel should give serious consideration to early mediation for these matters…more

Mediation

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Judicial Reference, A Forgotten Tool: To avoid common delays in traditional litigation, parties can rely on referees to resolve some, or all, of the claims

Let’s say you’re a rising star in your firm, and you’re looking for a way to break out of the pack. Your clients are frustrated by the glacial speed with which their case is slogging through the courts. They want your firm to do…more

Judicial Reference

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JAMS Global Construction Solutions Newsletter, Spring 2014

In This Issue: - Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate - Critical Issues For Parties To Consider When Selecting An Arbitrator - Obtaining Testimony And Documents From…more

Construction Litigation, Construction Workers, Contractors, Mediation, Subcontractors

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A Mediator’s Pleas(e)

As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you know…more

Client Services, Mediation

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How to avoid impasse in settlement negotiations

Mediation is a facilitated negotiation that enables parties to explore settlement in a confidential setting. A successful mediation requires preparation and an understanding of the process so as to avoid impasse, the breakdown…more

Mediation, Negotiations, Settlement

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IP: Mediation’s role in the patent arena -- In-house counsel should consider using mediation early in patent cases for maximum control and effectiveness

Originally published in InsideCounsel on March 5, 2013. The primary advantage of mediation is to avoid the costs and risks of litigation. A secondary advantage of mediation is the ability to tailor the resolution of the…more

America Invents Act, Corporate Counsel, Mediation, Patent Reform, Patents

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Washington State Newsletter - Winter 2014

In This Issue: Discovery Special Masters Can Streamline the Discovery Process and How to Customize Commercial Arbitration. Excerpt from Discovery Special Masters Can Streamline the Discovery Process - The…more

Arbitration, Commercial Arbitration

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Washington State Newsletter - Winter 2014

In This Issue: Discovery Special Masters Can Streamline the Discovery Process and How to Customize Commercial Arbitration. Excerpt from Discovery Special Masters Can Streamline the Discovery Process - The…more

Arbitration, Commercial Arbitration

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An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies that…more

Arbitration, Collateral Estoppel, Infringement, Patents

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JAMS Global Construction Solutions Newsletter, Fall 2014

In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need…more

International Arbitration, JAMS, Mediation, Non-Judicial Settlement Agreements

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Moving From Preparation To Negotiation – How To Cause Failure In Mediation – Part 2

A previous post on this topic listed several actions by parties and counsel that can derail even the most straightforward mediation. This post continues that list. Allowing someone with a separate agenda to influence the…more

Mediation

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The Future of Mediation

It is impossible to talk about the future, present or past of mediation without putting some sort of definition to that term. Clearly, mediation as dispute resolution has been around as long as disputes. When defined as a…more

Mediation

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60s On 6; Sirius Trouble

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the…more

Broadcasting, Copyright, Mediation, Motion for Summary Judgment, Public Performance Rights

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Joint Sessions: Are Lawyers Right to Hate Them?

Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly accurate…more

Joint Sessions, Mediation

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There Are No Do-Overs in Mediation

Most mediations begin and end in a single day. As much as the parties would benefit from a leisurely pace to explore all the factual and legal issues, today’s practice is to schedule only one day, or even a half-day, to mediate…more

Mediation

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Mediating Complex Cases

Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. …more

CAFA, Class Action, Complex Litigation, Mediation, Multi-Party Litigation

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JAMS Global Construction Solutions -- Winter 2013

In This Issue: Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices & Events. Excerpt…more

Admissibility, Arbitration, Construction Contracts

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Mediation – Is the Joint Session Still Alive?

Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting…more

Joint Sessions, Mediation

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Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more

Mediation, Mentors

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From Bench to Mediator — Some Observations about the Transition

As the 2014 Mediation Week kicks off, I wanted to share my perspective about transitioning from a judge to a neutral. So far this experience has been incredibly rewarding and very interesting. I thought my clients would enjoy my…more

Dispute Resolution, Mediation

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“Getting to Yes” by Way of “I’m Sorry”: Settling Employment Discrimination Claims with Apologies

Apologies are difficult. By expressing regret and accepting responsibility for a harmful act, the person apologizing transfers “power” from him- or herself to the person receiving the apology. Parties negotiating settlement want…more

Discrimination, Hiring & Firing, Litigation Strategies

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IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides…more

Clear Error Standard, Intellectual Property Litigation, Mediation, Patent Infringement, Patent Litigation

See All Updates »

Judicial Reference, A Forgotten Tool: To avoid common delays in traditional litigation, parties can rely on referees to resolve some, or all, of the claims

Let’s say you’re a rising star in your firm, and you’re looking for a way to break out of the pack. Your clients are frustrated by the glacial speed with which their case is slogging through the courts. They want your firm to do…more

Judicial Reference

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Allocation Methodology

This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the process…more

Allocation of Funds, Class Action, Mass Tort Litigation, Settlement

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Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more

Mediation, Mentors

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Contact

1920 Main Street Suite 300
Irvine, California 92614 , United States

  • 1-800-352-5267

Areas of Practice
  • Alternative Dispute Resolution
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Other U.S. Locations
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