Author Info for JAMS

Ryan Abbott

How the JAMS Artificial Intelligence Rules Will Improve Dispute Resolution

With deep experience in both AI and dispute resolution, we are the co-creators of the JAMS Artificial Intelligence Disputes Clause, Rules and Protective Order (AI Rules). We created these rules to address some of the challenges…more

Arbitration, Artificial Intelligence, Dispute Resolution, Machine Learning, New Rules

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Laura Abrahamson

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Federal Arbitration Act

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Andrew Aglionby

JAMS Global Construction Solutions Newsletter, Spring 2016

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes stamped…more

Arbitration, Arbitrators, Construction Contracts, Corruption, Damages

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Hon. Lorna A. Alksne

Using ADR in Family Law Cases Involving Digital Assets

Of all the types of legal cases, family law cases are often the most complex. "They’re like a pie, and there are different slices,” explains JAMS neutral Hon. Lorna A. Alksne (Ret.). “There’s child custody, there’s child…more

Arbitration, Arbitration Agreements, Blockchain, Cryptocurrency, Digital Assets

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Judge Chad Allred

How to Prevent Frequent Contract Errors in Large Construction Projects

Fantastic news! The deal has come together—for construction of the steel bridge or for placement of the exterior panels on the downtown high-rise or for the dirt work at the site of the new energy plant. All the hard work,…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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James Amend

IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

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Hon. Gail Andler

Agents of Change: Moving Forward With Sports Disputes Through Remote Arbitrations

The world of sport has been dramatically impacted by COVID-19 both at home and abroad: games cancelled, seasons disrupted, games played in empty stadiums, and athletes, sports organizations, agents and fans waiting for the next…more

Arbitration, Arbitrators, Best Practices, Coronavirus/COVID-19, Mediation

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Caroline Antonacci

Virtual Mediation in Today’s World: A Pandemic Success Story - Why it works so well

When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration. There was precedence in…more

Coronavirus/COVID-19, Dispute Resolution, Mediation, Mediators, Videoconference

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Hiro Aragaki

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been mediations,…more

Arbitration, Arbitrators, Commercial Contracts, Contract Disputes, Contract Interpretation

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Mercedes Armas Bach

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in…more

Arbitration, Arbitrators, Dispute Resolution, International Arbitration, Litigation Strategies

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Deborah Ballati

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021 for…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation

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S. Karen Mamberger

I Mediate Like I Entertain

How to prepare, adapt and serve up successful outcomes - I love to entertain. I enjoy poring over recipes and ideas for menus and coming up with themes for events. I truly enjoy spending time with my guests. And I bring the…more

Best Practices, Dispute Resolution, Litigation Strategies, Mediation, Mediators

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Eric Kendall Banks

How Rapport Can Be the Key to Unlocking Successful Mediations

Mediators are always looking for ways to bring parties together to reach settlement. Most mediators will agree that establishing rapport is the not-so-secret sauce for bringing groups together. However, that is like a mouse…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Hon. Barry Baskin

Agreeing to Disagree: The Complex World of Business Disputes

Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution (ADR)…more

Arbitration, Arbitrators, Business Disputes, Dispute Resolution, Litigation Strategies

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Steven Bauer

[PODCAST] The Role of ADR in Resolving IP Disputes in the Life Sciences Industry

A podcast from JAMS featuring Steven Bauer and Sarah Geers on how ADR can play a pivotal role in resolving IP-related disputes in the life sciences industry - In this podcast, Steven Bauer, mediator and arbitrator at JAMS,…more

Arbitration, Arbitrators, Dispute Resolution, Intellectual Property Litigation, Inventors

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Alister Beecher

More Trade and Investment Disputes Anticipated as Asia Economy Grows (Chinese Version)

Dispute resolution in Asia has witnessed marked developments this year. Hong Kong, although still an important center for arbitration hearings, is facing increased competition from other jurisdictions, especially…more

Arbitration, Asia, China, Hong Kong, International Arbitration

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Hon. Ariel Belen

Virtual Arbitration at a Glance

On June 25, 2020, the Commercial and Federal Litigation Section co-sponsored with JAMS a live webinar featuring an interactive mock virtual arbitration of a commercial dispute. The Hon. Ariel E. Belen, arbitrator/mediator at…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Jeffrey Benz

With China’s Sports Ambitions Come Sports Disputes

China’s ambitions to become a world leader in professional sports are no secret. As part of a far-reaching economic reform plan, the country declared four years ago it would grow its sports industry into an $817 billion…more

China, Dispute Resolution, Sports

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Richard Birke

How Rapport Can Be the Key to Unlocking Successful Mediations

Mediators are always looking for ways to bring parties together to reach settlement. Most mediators will agree that establishing rapport is the not-so-secret sauce for bringing groups together. However, that is like a mouse…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Gary Birnberg

Challenges and the path forward for disputes in aviation

The International Air Transport Authority (IATA) is a Montreal-based trade organization incorporating 317 airlines from over 120 countries. Its member operations comprise about 82% of available global commercial seat miles. The…more

Airlines, Arbitration, Aviation Industry, Cross-Border, Dispute Resolution

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Clifford Bloomfield

Mass Arbitrations: The New Landscape of Dispute Resolution and Its Challenges

Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of well-known,…more

Arbitration, Arbitrators, Dispute Resolution, Federal Rules of Civil Procedure, Litigation Strategies

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Niki Borofsky

Ten Reasons Why New York Is a Great Arbitral Seat

As I highlighted in a previous blog post, New York is a top location for arbitration proceedings. According to the New York International Arbitration Center, “New York is the leading center for international arbitration in the…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, International Arbitration

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Viggo Boserup

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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Alexander ''Lex'' Brainerd

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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David Brandon

[PODCAST] JAMS Foundation Honors Alliance for Peacebuilding with 14th Annual Warren Knight Distinguished Service Award

A podcast from JAMS featuring JAMS Foundation Managing Director David Brandon and Alliance for Peacebuilding Executive Director Liz Hume discussing the award and AFP’s work and mission - In this podcast, JAMS Foundation…more

Conflict Resolution, Dispute Resolution, Peace Talks

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Wayne Brazil

The Merits of Early Neutral Evaluation

I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties. In my book, for example, I address the…more

Dispute Resolution, Mediation

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Lorraine Brennan

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over…more

Arbitration Awards, Arbitrators, Collective Bargaining Agreements (CBA), Deflategate, Discipline

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Geraldine Soat Brown

JAMS Global Construction Solutions Newsletter, Summer 2018

Five Strategies for Effective Settlement Negotiations - Every litigator knows that many more cases settle than go to judgment. At some point in almost every lawsuit, the parties will discuss settlement, either on their own or…more

Construction Industry, Dispute Resolution, Mediation, Settlement Negotiations

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Hon. David Brown

Do Arbitrators Have the Power to Order Third Party Discovery in California Arbitrations

Let’s begin by defining what a “third-party subpoena” is. A third-party subpoena is any subpoena issued in the course of a proceeding to someone who is not a plaintiff, defendant or intervenor in the lawsuit, or, in the arbitral…more

Arbitration, Arbitration Agreements, Arbitrators, California, Depositions

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Lucy Chernow Brown

A Modest Proposal to Avoid Discovery Nightmares

My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term “discovery…more

Discovery, Dispute Resolution, Litigation Fees & Costs, Litigation Strategies, Mediation

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Philip Bruner

JAMS Global Construction Solutions Newsletter, Summer 2017

Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,…more

Adjudicatory Process, Arbitration, Construction Contracts, Construction Disputes, Construction Industry

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Lisbeth Bulmash

How Best to Resolve Conflicts in the Health Care Setting

The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems, like increasing costs and worker…more

Coronavirus/COVID-19, Dispute Resolution, Health Care Providers, Hospitals, Mediation

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William Cahill

Making Years of Mediation Mistakes: What I’ve Learned

After 10 years on the bench conducting settlement conferences, I anticipated that becoming a mediator would be easy. Seventeen years later I am writing an article I could call “How To Do Mediations Wrong.” Mistakes have taught…more

Mediation

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Luis Cardenas

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

Americans with Disabilities Act (ADA), California Family Rights Act (CFRA), Employer Liability Issues, Family and Medical Leave Act (FMLA), Pregnancy Discrimination

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Hon. Wynne Carvill

The Danger of Mediator’s Proposals

When I was a full-time settlement judge, the sheer volume of settlement conferences required me to frequently offer a mediator’s proposal to resolve a matter so I could move on to the next case. Typically, a mediator’s proposal…more

Dispute Resolution, Mediation, Mediators, Settlement Conferences, Settlement Negotiations

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Paula Casey

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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Rosalyn Chapman

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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Eleni Charalambidou

Dispute Resolution and the Catalyst for Change in Cyprus: A Fellow’s Journey

As mediators and dispute resolution promoters, we are people’s people. We try to understand deeper needs and perceptions, and based on these, we design processes to create a safe environment for parties to negotiate. While needs…more

Arbitration, Cyprus, Dispute Resolution, International Arbitration, Mediation

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Richard Chernick

Witnesses in Arbitration – California Arbitration Act (Part I)

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This…more

Arbitration, Arbitration Agreements, Arbitrators, Depositions, Discovery

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Randall (Randy) Choy

“My Story” Featuring Randy Choy

A video snapshot of JAMS mediator Randy Choy - Randy Choy joined JAMS after 43 years of practicing personal injury, family, commercial and construction litigation. His interest in mediation started early in his career and…more

Career Development, Diversity, Mediation, Mediators

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Zela Claiborne

[PODCAST] JAMS Neutrals See Strong Future for Hybrid ADR Proceedings

A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Hon. Charles Clevert, Jr.

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every…more

Arbitration, Business Interruption, Coronavirus/COVID-19, Dispute Resolution, Employer Liability Issues

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Tony Cole

Examining Russian Sanctions and Their Effects on Arbitration

While the most important impact of the Russian invasion of Ukraine is unquestionably the humanitarian crisis it has created, the longer-term need for economic recovery in affected areas and the resulting need for a return to…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Economic Sanctions

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William Connelly

A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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John Cratsley

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 often overlooked by the practitioner. First are the multiple opportunities for the alert…more

Dispute Resolution, Mediation

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Thomas Creel

[PODCAST] JAMS Neutrals Discuss the Advantages of ADR in Resolving IP Disputes

In this podcast, JAMS neutrals Judge Elizabeth Laporte and Tom Creel give listeners a deeper look into the role alternative dispute resolution (ADR) plays in intellectual property disputes. They examine the options available to…more

Arbitration, Arbitrators, Dispute Resolution, Intellectual Property Litigation, Mediation

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Tracy Curry

Empowering Through Inclusion: International Women’s Day

What better day than today, International Women’s Day, to emphasize the importance of creating inclusive environments where women from all backgrounds feel valued, respected and empowered. Organizations can advance gender…more

Arbitrators, Diversity, Diversity and Inclusion Standards (D&I), Gender Equity, Leadership

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Deborah David

Bracketing the “Zone”: Getting to the range in which bargaining succeeds

Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist the…more

Arbitration, Mediation, Negotiations, Settlement Negotiations

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Robert Davidson

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Federal Arbitration Act

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Gary Davis

Bullying the Bully with Mediation: Extortion or Blessing?

With increasing frequency, lawyers throughout the country are handling bullying cases. I have mediated matters and followed highly publicized cases where students were the targets of videos posted on social media that spewed…more

Bullying, Cyberbullying, Mediation

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Morton Denlow

Mediation Procedures

I currently mediate all of my cases on Zoom. I have mediated hundreds of cases on Zoom since March 2020. I have found a Zoom mediation to be a convenient, efficient, cost-effective and beneficial method of settling disputes…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Charles Dick Jr.

Recovering Attorney Fees in Arbitration

An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is why…more

American Rule, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators

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Hon. Grace Dickler

[PODCAST] JAMS Neutrals on Using Mediation to Navigate the Complexities of Family Law Disputes

In this podcast, JAMS neutrals Hon. Grace G. Dickler (Ret.) and Hon. Karen G. Shields (Ret.) explore how the pandemic affected family law disputes, how virtual proceedings provided an avenue to keep cases moving forward and how…more

Child Custody, Child Support, Dispute Resolution, Divorce, Family Law Courts

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Ronald Dimock

IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

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Michael Dolinger

JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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Hon. Robert Dondero

[PODCAST] JAMS Neutrals Discuss How to Optimize Neutral Evaluation

In this podcast, JAMS neutrals Hon. Robert L. Dondero (Ret.), Hon. Allyson K. Duncan (Ret.) and Hon. Gregory M. Sleet (Ret.) explain the advantages of utilizing neutral evaluation prior to filling a brief or completing oral…more

Arbitrators, Best Practices, Dispute Resolution, Litigation Strategies, Mediators

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Hon. Allyson Duncan

[PODCAST] JAMS Neutrals Discuss How to Optimize Neutral Evaluation

In this podcast, JAMS neutrals Hon. Robert L. Dondero (Ret.), Hon. Allyson K. Duncan (Ret.) and Hon. Gregory M. Sleet (Ret.) explain the advantages of utilizing neutral evaluation prior to filling a brief or completing oral…more

Arbitrators, Best Practices, Dispute Resolution, Litigation Strategies, Mediators

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Hon. Lynn Duryee

Reconnecting with the Outside World - How a mediation highlighted the joys of human interaction

We’ve had over two years of virtual mediations, arbitrations and court appearances. “You’re on mute,” “Your Wi-Fi is unstable” and “Adjust for low light” are now part of our daily lexicon. We’ve been treated to views of…more

Dispute Resolution, Mediation, Mediators, Virtual Meetings

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Bruce Edwards

[PODCAST] Demystifying Mediation Myths in the Construction Industry

A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson and…more

Arbitration, Arbitrators, Construction Contracts, Construction Disputes, Construction Industry

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Thomas Elkind

Some Large Companies Are No Longer Requiring Consumers and Employees to Waive Class Action Claims

For many years, companies have required consumers and employees to sign contracts containing arbitration clauses that prohibit them from filing class action claims and require them to waive jury trials. The history of how this…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Consumer Contracts

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Anne Ellington

The Benefits of the Neutral Evaluation

When we are immersed in a case, we all tend to get blinders on. Client hopes and expectations, and our commitment to them and to their cause, can lead us to underestimate the other side and be overconfident about our case. Good…more

Arbitration, Arbitrators, Conflict Resolution, Dispute Resolution

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James Epstein

Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific…more

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

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Hon. Judith Fabricant

Honoring Women’s History Month: JAMS Neutrals Reflect on Their Careers and Provide Words of Wisdom for Future Generations (Podcast)

In this podcast, JAMS neutrals Hon. Karen Brown Willcutts (Former), FCIArb; Hon. Gail S. Tusan, Senior Judge; and Hon. Judith Fabricant (Ret.) discuss their remarkable careers in recognition of Women’s History Month. The…more

Arbitration, Arbitrators, Diversity, Diversity and Inclusion Standards (D&I), Interviews

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Joseph Farina

Taking the Temperature of Health Care Disputes: The Latest Trends and the Effect of Business Interruption

Three distinguished JAMS neutrals discuss dispute resolution in the health care industry - The past two years have been tough on all of us, but for those in the health care industry, it has been incredibly challenging. The…more

Arbitration, Arbitrators, Business Interruption, Dispute Resolution, Health Care Providers

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Hon. Joan Feeney

[PODCAST] JAMS Neutrals Discuss the Use of Mediation in Bankruptcy Cases

In this podcast, JAMS neutrals Judge Joan Feeney and Judge Phillip Shefferly share their thoughts on why mediation is a good tool to resolve bankruptcy disputes, provide listeners with a look into their own approaches to…more

Adversary Proceedings, Board of Directors, Breach of Duty, Chapter 11, Chapter 7

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Ross Feinberg

Settlement Verification in the Virtual World

My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in the…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Deborah Fleck

Achieving Workable – and Just – ADR Results in Family Law

Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members…more

Divorce, Marital Settlement Agreements, Mediation, Settlement Negotiations

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Channing Fleetwood

The Hidden Power of Representation in Leadership

Since joining JAMS at the end of last year, I’ve been thinking a lot about the undeniable power of Black representation in leadership. My predecessor, Mark Smalls, recently shared a profound insight: "What they see is what…more

Arbitration, Arbitrators, Career Development, Dispute Resolution, Diversity

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Gary Fowler

Remote Work Is Still a Focus of Mediation and Arbitration Cases

Rising numbers of remote workers and changing state and federal employment laws bring challenges for employers in the new year. Gary Fowler, a JAMS arbitration and mediation neutral, analyzes the issues and steps employers can…more

Age Discrimination, Arbitration, Employees, Employer Liability Issues, Employer Mandates

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Hon. James (Jay) Francis IV

Special Masters in E-Discovery and Beyond

The Electronic Discovery Reference Model (EDRM), “a community of e-discovery and legal professionals who create practical resources to improve e-discovery and information governance,” has published a bench book for judges and…more

Discovery, e-Discovery Professionals, EDRM, Information Governance, Legal Technology

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Laura Frankel

Work and Life Lessons From Watching Rafael Nadal - A mediator’s perspective

Even if you are not a tennis fan, you have probably heard of Rafael Nadal from Spain. As I watched him recently win his jaw-dropping 14th French Open title and his 22nd Grand Slam championship—more than any male in history—he…more

Arbitrators, Mediators, Professional Development

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Cassandra Franklin

Business Interruption and the Impact on Insurance Matters

Three JAMS neutrals share their insights on how COVID-19 has affected the insurance industry - Few industries evaded the effects of the COVID-19 pandemic. But for the insurance industry, the effects were twofold. On one…more

Arbitration, Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims

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Hugh Fraser

COVID-19 Has Created Some Challenging Labor Issues for Professional Sports Leagues

Professional sports leagues and their stakeholders are facing numerous challenges as a result of the COVID-19 pandemic. The National Hockey League (NHL) was nearly finished with its regular season when it shut down. Major League…more

Arbitration, Athletes, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, MLB

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Robert Freedman

JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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Bruce Friedman

Navigating the Grey Areas of Neutrality in Reverse Auctions

Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which these…more

Class Action, Litigation Strategies, Mass Tort Litigation, Mediation, Reverse Auctions

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Terry Friedman

Discovery Referees in Complex Litigation

It’s no secret that over the past several years the California judiciary has suffered deep budget cuts, especially to the state’s civil courts. According to California’s Judicial Council, there are 189 fewer judges than…more

Civil Code, Complex Litigation, Discovery, Discovery Disputes, Dispute Resolution

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Deborah Gage Haude

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, Equal Employment Opportunity Commission (EEOC), Mediation, Retaliation, Whistleblowers

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Hon. David Garcia

Business Interruption and the Impact on Real Estate

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous…more

Arbitration, Arbitrators, Breach of Contract, Business Interruption, Commercial Leases

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Daniel Garrie

How the JAMS Artificial Intelligence Rules Will Improve Dispute Resolution

With deep experience in both AI and dispute resolution, we are the co-creators of the JAMS Artificial Intelligence Disputes Clause, Rules and Protective Order (AI Rules). We created these rules to address some of the challenges…more

Arbitration, Artificial Intelligence, Dispute Resolution, Machine Learning, New Rules

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Allan van Gestel

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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Kenneth Gibbs

JAMS Global Construction Solutions, Fall 2021 - The Latest News in Construction ADR from the World’s Leading Neutrals

Value Engineering Construction Arbitration - Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution - The rapid growth of construction arbitration…more

Arbitration, Arbitrators, Construction Contracts, Construction Disputes, Construction Industry

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Steven Gilford

Benefits of Virtual ADR in Insurance Disputes: Ten Reasons To Consider Resolving Disputes Virtually

There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it had…more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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Robin Gise

[PODCAST] Understanding and Celebrating Neurodiversity and the Steps to Creating an Inclusive Workplace

In this podcast, JAMS neutrals Stephen H. Sulmeyer, J.D., Ph.D.; Robin H. Gise, Esq.; and Maurice Q. Robinson, a member of the 2022–2023 class of the JAMS Diversity Fellowship Program, discuss neurodiversity and the workplace…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues, Employment Policies

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Malcolm Graham

Dealing With Discrimination Claims at Institutions of Higher Learning

Attending a college or university should be an exciting time in a student’s life as they pursue their academic goals. Unfortunately, for some, sexual harassment or discrimination ends up sullying that experience. Such incidents…more

Code of Conduct, Colleges, Discrimination, Dispute Resolution, Educational Institutions

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Hon. Jane Cutler Greenspan

[Podcast] JAMS Solutions for Higher Education: Examining Informal Resolution of Title IX Cases

A podcast from JAMS featuring Hon. Jane Cutler Greenspan (Ret.) and Richard Birke discussing Title IX adjudication and how JAMS Solutions can benefit higher education institutions in resolving campus disputes - In this…more

Colleges, Dispute Resolution, Educational Institutions, Mediation, Mediators

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Joel Grossman

Arbitration by Videoconference: Not as Scary as You Think

I have heard from many lawyers who have reluctantly adapted to virtual mediations that even though Zoom and other platforms work well for mediations, they do not work so well for arbitrations. These lawyers have asked that I…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Shelby Grubbs

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Federal Arbitration Act

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Jeffrey Grubman

Spotlight: Jeffrey Grubman, Esq.

What has led to you having a successful practice as both a mediator and an arbitrator? Before becoming a full-time neutral, my litigation practice spanned various practice areas, including business/commercial, employment,…more

Arbitration, Arbitrators, Career Development, Coronavirus/COVID-19, Judges

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Shirish Gupta

The Top Five Issues in Startup Co-Founder Separations

Most businesses start with a group of dedicated people identifying a problem, coming up with a solution and then figuring out how to share their solution with the world. Launching a business takes vision, vulnerability, grit,…more

Brand, Business Disputes, Business Divorce, Business Valuations, Dispute Resolution

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Katherine Hope Gurun

[PODCAST] JAMS Neutrals Discuss How Businesses Can Take Preemptive Action to Address Supply Chain Challenges

A podcast from JAMS featuring neutrals Barbara A. Reeves, Esq., CEDS, and Katherine Hope Gurun, Esq., on the top challenges businesses are facing as a result of supply chain disruption and how ADR techniques can help. In this…more

Arbitration, Arbitrators, Business Disruption, Dispute Resolution, Mediation

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Tim Hardy

Fintech Disputes on Trial

Will the Fintech revolution lead to a greater appreciation of the benefits of arbitration, and therefore its greater use, in the financial sector? Traditionally, the financial services sector has preferred to resolve its…more

Arbitration, Cryptocurrency, Financial Institutions, Financial Services Industry, FinTech

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Lizbeth Hasse

Breaking the Bias in International Arbitration: Party Autonomy and the Opportunity to Diversify

The popularity of international commercial arbitration is growing. Unsurprisingly, in our global commercial environment, shifting international alliances and concerns about unreliability or jurisdictional obstacles of various…more

Arbitration, Arbitrators, Bias, Diversity, International Arbitration

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Barrett Hawks

What’s Different about Energy ADR?

The energy industry is quite diverse (utilities, oil and gas explorers and producers, pipelines and more) and encounters an equally diverse number of disputes. Perhaps a difference is that the capital intensity of the energy…more

Arbitration, Dispute Resolution, Energy Sector

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Hon. Rex Heeseman

The Time to Settle is Now

The coronavirus pandemic has created uncertainty in almost every sector of society. A massive shift in reality has taken place, and the world is trying to acclimate. In this environment, it is tempting to postpone cases until…more

Arbitration, Coronavirus/COVID-19, Court Closures, Litigation Fees & Costs, Mediation

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Hon. Sherry Klein Heitler

[PODCAST] JAMS Neutrals Discuss the Benefits of and Strategy Behind Using ADR in Resolving PI Disputes

In this podcast, JAMS neutrals Judge Sherry Klein Heitler and Judge Richard McDermott give listeners a deeper look into the mediation process and how mediation can truly be a more beneficial alternative when managing personal…more

Dispute Resolution, Mediation, Mediators

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John F. Herlihy

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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Howard Herman

Remote Mediation: An Opportunity for Customization

We all fall into routines. In the past, busy lawyers and mediators have been reluctant to engage in too much pre-mediation session process, assuming instead that most mediations will proceed in a predictable fashion…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Harold Himmelman

Top Tips for Attorneys Representing Clients in Arbitrations

Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who is…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Case Management

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John Hinchey

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their observations…more

Arbitration, Arbitrators, Construction Disputes, Construction Industry, Dispute Resolution

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Hon. Margaret Hinkle

Fireside Chat: A Conversation Between BLS Judges

See highlights of JAMS Boston’s Fireside Chat between two retired judges who have both presided over the successful Business Litigation Session (the "BLS") of the Massachusetts Superior Court. The Hon. Judith Fabricant (Ret.)…more

Business Disputes, Business Litigation, Dispute Resolution, Judges, Mediation

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Nancy Holtz

[PODCAST] JAMS Neutrals on Tips for Selecting the Right Mediator

In this podcast, JAMS neutrals Hon. Bonnie H. MacLeod (Ret.) and Hon. Nancy Holtz (Ret.) discuss what to look for when selecting a mediator and the questions and considerations that may guide that process. During this…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Ranse Howell

[Video] The Future of ADR: Reflecting on the Successes and Possibilities of Virtual ADR - Reflections on the capabilities of virtual proceedings to positively impact parties across the globe and push the needle in access to dispute resolution

In this video, captured during JAMS’ 2021 “Cocktails and Conversations” event on the future of alternative dispute resolution, JAMS neutrals and prominent leaders within the legal industry reflect on the growth and…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Amb. (Ret.) David Huebner, C.Arb

“My Story” Featuring Amb. (Ret.) David Huebner, C.Arb

A video snapshot of JAMS mediator, arbitrator and special master/referee David Huebner - Amb. (Ret.) David Huebner, C.Arb, joined JAMS following 25 years of arbitration and intellectual property practice. An Ambassador’s…more

Arbitration, Arbitrators, Career Development, Dispute Resolution, Diversity

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Justice Faith Ireland

Logic, Emotions and Values: 40 Years of Negotiation Style and Decision Theory

Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by, among others, Start with No in 2002, Predictably Irrational in 2008 and Never…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Marc Isserles

The Growing Appeal of a Multi-Stage Mediation Process

Imagine you represent a party in a contentious litigation. It has taken considerable time and effort to plan for today’s mediation. Nothing about the process of getting here has been easy, and you do not expect the negotiation…more

Client Services, Coronavirus/COVID-19, Delays, Mediation, Mediators

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Hon. Moshe Jacobius

Mediating Divorce Relocation: A Path Worth Considering

One of the most difficult issues in divorce litigation is the request by one parent to permanently relocate the children a great distance from the other parent. This is often a gut-wrenching situation because the result could…more

Child Custody, Dispute Resolution, Divorce, Family Law Courts, Mediation

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Hon. Jamie Jacobs-May

Dealing With Workplace Conflict

The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the…more

Conflict Resolution, Coronavirus/COVID-19, Dispute Resolution, Employees, Employer Liability Issues

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Hon. Ellen Sickles James

Dealing With Workplace Conflict

The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the…more

Conflict Resolution, Coronavirus/COVID-19, Dispute Resolution, Employees, Employer Liability Issues

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Joanne Saint Louis

Top 5 Ways to Build a Diverse and Inclusive Company Culture

Diversity, equity and inclusion (DE&I) is a clear business differentiator, and it has never been more critical, particularly in light of the pandemic, which has brought about a mass exodus of professionals leaving their jobs. In…more

Arbitrators, Corporate Culture, Diversity, Diversity and Inclusion Standards (D&I), Mediators

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Gordon Kaiser

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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Peter Kamminga

Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally

In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common…more

Arbitration, Arbitrators, Construction Disputes, Construction Industry, Cross-Border

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Jeff Kaplan

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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Christopher Keele

Inside the Minds and Hearts of Dispute Resolution Neutrals

At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves. The attorney is an…more

Arbitration, Arbitrators, Civility, Collaboration, Data-Sharing

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Kim Keenan

[PODCAST] Smart Mediation Strategies: A Discussion With Judge Nancy Allf and Kim Keenan on Maximizing Legal Outcomes

In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with both…more

Arbitration, Arbitrators, Artificial Intelligence, Dispute Resolution, Litigation Strategies

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Joan Kessler, Ph.D.

Cultural Diversity: Beyond the Golden Rule

On a regular basis, I mediate and arbitrate disputes involving people from diverse cultural backgrounds. Communication breakdowns bog down mediations and arbitrations in general, but where cultural diversity is an issue, all…more

Arbitration, Arbitrators, Client Communication, Dispute Resolution, Diversity

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Arlander Keys

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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Ann Kough

Health Care Matters, Fall 2017

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways ADR can…more

Arbitration, Judicial Reference, Mediation, Medical Malpractice, Physicians

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Nancy Kramer

Taking Conference Calls to the Next Level, Virtually

A number of good things stem from our switch to virtual mediations and arbitrations during the pandemic. One of my favorites is using Zoom (or another online platform) for conference calls in mediations. (I use them as well in…more

Arbitration, Arbitrators, Mediation, Mediators, Videoconference

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Hon. Sherrie Krauser

Spotlight: Hon. Sherrie L. Krauser (Ret.)

You were on the bench for 25 years before you joined JAMS. What skills did you learn there that helped prepare you for a career in alternative dispute resolution? As a judge, I honed my listening skills: hearing inflection…more

Arbitration, Arbitrators, Career Development, Dispute Resolution, Judges

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Chris Kwok

Five Ways That Companies Can Engage Their AAPI Workforce

Ever since the novel coronavirus was first identified in China in early 2020, a wave of anti-Asian violence has spread across America, with anti-Asian hate crimes increasing by over 300% in 2021 from the previous year, according…more

Anti-Discrimination Policies, Diversity, Race Discrimination

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Stacy La Scala

2 Dispute Resolution Choices For Construction Contracts

It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA…more

AIA Construction Forms, Construction Contracts, Dispute Resolution

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Hon. Elizabeth Laporte

[PODCAST] JAMS Neutrals Discuss the Advantages of ADR in Resolving IP Disputes

In this podcast, JAMS neutrals Judge Elizabeth Laporte and Tom Creel give listeners a deeper look into the role alternative dispute resolution (ADR) plays in intellectual property disputes. They examine the options available to…more

Arbitration, Arbitrators, Dispute Resolution, Intellectual Property Litigation, Mediation

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Eleissa Lavelle

JAMS Global Construction Solutions Newsletter, Winter 2017

A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American…more

American Institute of Architects, Arbitration, Construction Disputes, Construction Industry, Dispute Resolution

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Hon. Peggy Leen

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every…more

Arbitration, Business Interruption, Coronavirus/COVID-19, Dispute Resolution, Employer Liability Issues

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Benson Everett Legg

A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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Hon. Richard Levie

Keeping the Dam From Breaking: Six ways a special master can help keep cases moving during the pandemic

Even though many courthouses across the country are empty or hearing only a limited number of cases due to the coronavirus pandemic, cases are still being filed. While the pandemic has affected the processing of cases,…more

Case Management, Coronavirus/COVID-19, Discovery, Electronically Stored Information, Judicial Proceedings

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Lester Levy

The Creative, Collaborative Use of Neutral Experts in Environmental Mediations - How to turn the “battle of the experts” into a rewarding settlement strategy

Most disputes in litigation involve a procedural phase for the preparation and exchange of expert reports and the interrogation of the experts’ opinions. In environmental matters, where questions of science are often at the core…more

Dispute Resolution, Environmental Litigation, Expert Reports, Expert Testimony, Expert Witness

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Michael Lewis

[PODCAST] The Divided Community Project’s Commitment to Community Change Through Dispute Resolution

A podcast from JAMS featuring neutral Michael Lewis and Carl Smallwood and Nancy Rogers of the Divided Community Project (DCP) on the project’s goal of using dispute resolution tools to positively impact and empower communities…more

Community Development, Dispute Resolution, Mediation, Mediators

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Hon. Russell Lloyd

How My Military Service Makes Me a Better Mediator

Veterans Day has always held a special significance in my family, where military service is a long-standing tradition. For four generations, we’ve put on a uniform to protect our country. The call of duty sent my father…more

Arbitration, Arbitrators, Dispute Resolution, Mediators, Military Service Members

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Michael Loeb

Reflections on Employment Mediation

When to Mediate - Early mediation is not a panacea. Some cases require discovery before they are ready for mediation. A major reason why early mediations fail is that the parties have had little chance to discover key…more

Arbitration, Arbitration Agreements, Dispute Resolution, Mediation

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Lisa Love

Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

Having awakened on the morning of March 26 to the devastating news of the collapse of Baltimore’s Francis Scott Key Bridge after being struck by the Dali container ship, I thought of the many times I crossed the bridge as a…more

Bridges, Construction Industry, Construction Project, Design-Build, Dispute Resolution

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Hon. Michele Lowrance

Mediation vs. Litigation for High-Conflict Divorce

A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict cases. Many people wrongly assume that the only way to resolve a high-conflict case is to go to court…more

Dispute Resolution, Divorce, Mediation

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Hon. Jackson Lucky

Dispute Resolution Planning for Startups in the New Age of Generative AI

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for…more

Appeals, Arbitration, Artificial Intelligence, Artists, Authorship

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Robert Luft

Settlement Agreements: Who Should Sign?

The recent California appellate ruling in Glen Provost v. Regents of the University of California sheds significant light on judicial views of written settlement agreements. In particular, the case dealt with who should sign a…more

Breach of Contract, Employees, Settlement Agreements, University of California, Whistleblowers

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Hon. Dean Lum

“My Story” Featuring Hon. Dean S. Lum (Ret.)

Hon. Dean S. Lum (Ret.) joined JAMS after a distinguished 23-year career on the King County (Seattle) Superior Court. As a trial judge, Judge Lum presided over hundreds of civil trials, heard thousands of civil motions and…more

Arbitration, Arbitrators, Career Development, Diversity and Inclusion Standards (D&I), Mediation

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Hon. Frank Maas

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

In a recent podcast produced by the National Association of Women Judges (NAWJ), Richard Birke, executive director of the JAMS Institute, and JAMS neutrals Hon. Frank Maas (Ret.) and Hon. Elizabeth White (Ret.), president elect…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Bonnie MacLeod

[PODCAST] JAMS Neutrals on Tips for Selecting the Right Mediator

In this podcast, JAMS neutrals Hon. Bonnie H. MacLeod (Ret.) and Hon. Nancy Holtz (Ret.) discuss what to look for when selecting a mediator and the questions and considerations that may guide that process. During this…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Hon. Patrick Mahoney

Virtual Hearings and Mediations Are Here to Stay

As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. To do so is to ignore the lessons learned while working remotely. Dispute…more

Coronavirus/COVID-19, Dispute Resolution, Mediation, Mediators, Remote Hearings

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Louis Marlin

Employment Mediation Settlement Guide

Employment law litigation continues to be one of the most active fields of the law. These cases can be difficult to resolve, yet it cannot be denied that, ultimately, more than 90 percent of these cases are settled prior to…more

Mediation, Settlement

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Ann Marshall

Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall

Ann Marshall brings over 25 years of legal experience to the table, beginning with her tenure as a hard-working criminal defense attorney. Ms. Marshall eventually became a partner at the boutique Seattle-based law firm Bishop &…more

Arbitration, Arbitrators, Dispute Resolution, Litigation Strategies, Mediation

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Dr. Anton Maurer

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,…more

Arbitration, Arbitrators, Cross-Border, Dispute Resolution, International Arbitration

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Deirdre McCarthy Gallagher

[PODCAST] JAMS Neutrals Discuss JAMS Pathways and Addressing Evolving Workplace Conflict

In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments,…more

Best Practices, Defense Strategies, Dispute Resolution, Human Resources Professionals, Litigation Strategies

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Judge Richard McDermott

[PODCAST] JAMS Neutrals Discuss the Benefits of and Strategy Behind Using ADR in Resolving PI Disputes

In this podcast, JAMS neutrals Judge Sherry Klein Heitler and Judge Richard McDermott give listeners a deeper look into the mediation process and how mediation can truly be a more beneficial alternative when managing personal…more

Dispute Resolution, Mediation, Mediators

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Kevin McDonnell

Embracing ADR

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners. In fact, 90 percent of…more

Arbitration, Dispute Resolution, Mediation

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Otis McGee, Jr.

[PODCAST] Diversity in ADR and Creating Access to Justice

A podcast from JAMS in celebration of Black History Month, featuring diversity program manager Joanne Saint Louis, and neutrals Otis McGee and Rebekah Ratliff. In this new podcast from JAMS, neutrals Otis McGee and Rebekah…more

Access To Justice, Arbitration, Arbitrators, Dispute Resolution, Diversity

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James McGuire

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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Hon. Patricia McInerney

Can’t Wait for Your Court Date? Why Not Mediate?

COVID-19 has wreaked havoc on our citizens and our institutions. Our courts have been shut down and are only slowly coming back online. As we are seeing on our college campuses and at other institutions, decision makers are…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Court Closures, Dispute Resolution

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Patrick McManemin

Bankruptcy Matters: The New Pandemic Wave is Coming

You might reasonably assume, given the ongoing economic upheaval due to the COVID-19 pandemic, that the number of personal and corporate bankruptcies would have skyrocketed. But that’s not been the experience for three JAMS…more

Bankruptcy Court, Business Interruption, Commercial Bankruptcy, Consumer Bankruptcy, Coronavirus/COVID-19

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Thomas McPhee

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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Craig Meredith

Don’t Let Coverage Issue Delay Settlement

There are a number of steps in-house counsel can take to increase the likelihood of mediation while working with outside counsel on cases defended by carriers. Some mediations directly involve insurance, such as those…more

Cost Allocation, Duty to Defend, Indemnification, Insurance Industry, Mediation

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Gregory Miller

ADR and Diversity in the Life Sciences Sector

The COVID-19 pandemic and the subsequent rush to develop life-saving vaccines have posed enormous challenges for practitioners in all areas of the life sciences and health care industries, including those whose area of focus…more

Arbitration, Arbitrators, Dispute Resolution, Diversity, Life Sciences

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Howard Miller

Arbitration, Mediation Can Solve Cyber Insurance Disputes

As the number of attempted and successful cyberattacks increase, interest in cyber liability insurance increases as well. This is unsurprising. Cyber claims are increasing every year, and even one successful cyberattack could…more

Arbitration, Cyber Insurance, Mediation

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Larry Mills

Employment Matters Newsletter, Summer 2017

Mediation in Employment Discrimination Disputes Can Serve the Interests of All Parties - Federal and state laws protect the right of individuals to obtain and hold employment without discrimination. Courts and administrative…more

Age Discrimination, Arbitration, Employment Discrimination, Mediation, Wage and Hour

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Roy Mitchell

JAMS Global Construction Solutions - SPRING 2019

Mixing and Matching International Legal Systems and Dispute Resolution Methods - Much has been written recently about the various dispute resolution methods used throughout the world in terms of their similarities and…more

Arbitration, Construction Disputes, Construction Industry, Dispute Resolution, Mediation

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Hon. Lawrence Mooney

Reflections during Pride Month from a JAMS neutral and JAMS diversity fellow

Amidst the celebrations of LGBTQ Pride Month, let’s remember the power and beauty of living authentically. Neither one of us came out of the closet until we were adults. But once we did, we experienced the burgeoning power that…more

Diversity, Diversity and Inclusion Standards (D&I), LGBTQ, Vulnerability Assessments

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Lexi Myer

Mediation of Complex Construction Disputes: Breaking an Impasse

In the context of mediation, if there is one word that counsel and mediators dread the most, it is “impasse.” Consider the following scenario: In one room, there is a contractor making allegations of delay, disruption and/or…more

Arbitration, Construction Disputes, Construction Industry, Dispute Resolution, Mediation

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Hon. Gary Nadler (Ret.)

Arbitration Is Meant To Be Expeditious, But Is It Really?

Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a…more

Arbitration, Arbitrators, Discovery, Dispute Resolution, Employment Litigation

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Andrew Nadolna

The New Virtual Mediation Day

Mediation has always been a process, not just an event. This process includes pre-session submissions to the mediator (and to all parties) and joint and/or individual pre-session calls. Historically, we have focused…more

Coronavirus/COVID-19, Dispute Resolution, Litigation Strategies, Mediation, Teleconferences

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Fernando Navarro Sánchez, LL.M.

A Wave on the Horizon for the Mexican Electricity Sector Represents an Opportunity for Mediation - Investor-State dispute resolution under the USMCA

The new presidential administration in the United States, with its focus on the decarbonization of the electricity sector and having recently returned the country to the Paris climate accord, clashes head-on with the goals of…more

Arbitration, Arbitrators, Electricity, Energy Sector, Federal Electricity Commission (CFE)

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William Needle

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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Phillip Neiman

Settlement Negotiation Ethics for Attorney-Advocates in Litigated Cases - Rule 4.1 of the New California Rules of Professional Conduct

At some point after a civil dispute enters the legal system, opposing counsel will likely engage in some form of discussion to resolve the case. If attorneys don’t initiate direct negotiations or early mediation, or if they do…more

Fraud, Rules of Professional Conduct, Settlement Negotiations

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Phillip Neiman, FCIArb

The SEC’s Proposed Exemptive Order for Finders in Private Placements: An Uncertain Future for Regulatory Certainty - Perspectives from an ADR Professional

At age 79, Paul Anka, the crooner and songwriter, is more relevant than ever. In 2020, he appeared on Season 4 of “The Masked Singer,” enjoyed a popular resurgence courtesy of TikTok, reworked his anthem “My Way” for the global…more

Arbitration, Broker-Dealer, Capital Raising, Enforcement Actions, Exemptive Orders

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Andrew Ness

JAMS Global Construction Solutions, Fall 2021 - The Latest News in Construction ADR from the World’s Leading Neutrals

Value Engineering Construction Arbitration - Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution - The rapid growth of construction arbitration…more

Arbitration, Arbitrators, Construction Contracts, Construction Disputes, Construction Industry

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Hon. Clifton Newman

Judge Clifton Newman's Impactful Legal Career and Transition to JAMS

Although Judge Clifton Newman has served 24 years on the South Carolina Circuit Court, most of the country knows him best as the judge who presided over the criminal trial of Richard Alexander Murdaugh last year. During the…more

Arbitration, Arbitrators, Career Development, Dispute Resolution, Diversity

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Leslie King O'Neal

Top Five Things Lawyers and Neutrals Should Know About Using Artificial Intelligence

Artificial intelligence, or AI, was the buzzword of 2023. AI has affected almost every aspect of our world. Although the legal profession has used “traditional AI” for many years, the use of generative AI is new and is evolving…more

Arbitration, Arbitrators, Artificial Intelligence, Dispute Resolution, Legal Project Management

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Michael Ornstil

Business Interruption and the Impact on Real Estate

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous…more

Arbitration, Arbitrators, Breach of Contract, Business Interruption, Commercial Leases

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John Pardun

The New Title IX Regulations and Your Institutions Policies and Procedures Why a Siloed Approach Is Best

While many colleges and universities have traditionally crafted their own individual approaches to enforcing Title IX protections, the new Title IX regulations released in May restrict the creative freedom these academic…more

Colleges, New Regulations, Policies and Procedures, School Districts, Sex Discrimination

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Carol Park-Conroy

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, Mediation, Non-Judicial Settlement Agreements

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Cristina Pereyra-Alvarez

“My Story” Featuring Cristina Pereyra-Alvarez, Retired Judge, 11th Judicial Circuit, Florida - A video snapshot of JAMS mediator and arbitrator Cristina Pereyra-Alvarez

Cristina Pereyra-Alvarez started her professional journey in Mexico City, where she earned her first law degree from Universidad Anahuac. Shortly after graduating from law school, she came to the United States and pursued a…more

Arbitration, Arbitrators, Dispute Resolution, Diversity, International Mediation

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Hon. Alan Perkins (Ret.)

Wage and Hour Mediations: Consider Tax Issues Beforehand

In employment cases, the structure of settlement payments may have significant tax consequences for clients. Often the tax consequences depend on whether the settlement payments are for loss of income damages, which are taxable,…more

Class Action, Employees, Employer Liability Issues, Employment Litigation, Mediation

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N. Damali Peterman

“My Story” Featuring N. Damali Peterman, Esq.

A video snapshot of JAMS mediator, arbitrator and ombudsman Damali Peterman - Damali Peterman joined JAMS with over 20 years of ADR experience, with a focus on business and commercial insurance, employment, international and…more

Arbitration, Arbitrators, Dispute Resolution, Diversity, Mediation

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Hon. Risë Jones Pichon

“My Story” Featuring Hon. Risë Jones Pichon (Ret.)

A video snapshot of JAMS mediator and arbitrator Risë Jones Pichon - Hon. Risë Jones Pichon (Ret.) joined JAMS after a distinguished judicial career spanning more than 35 years. Most recently, she was a superior court judge…more

Arbitration, Arbitrators, Career Development, Dispute Resolution, Diversity

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Lawrence Pollack

Business Interruption and the Impact on Insurance Matters

Three JAMS neutrals share their insights on how COVID-19 has affected the insurance industry - Few industries evaded the effects of the COVID-19 pandemic. But for the insurance industry, the effects were twofold. On one…more

Arbitration, Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims

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Alex Polsky

Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are…more

Mediation, Professional Development, Settlement

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Christopher Poole

The Transformative Impact of AI on ADR

In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative dispute resolution (ADR) and suggested that it is possible to move too fast…more

Arbitration, Arbitrators, Artificial Intelligence, Dispute Resolution, Document Review

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Lita Masini Popke

Neutral Analysis An Overlooked Tool for Understanding and Settling Disputes

Many attorneys may not be aware of a powerful tool that can assist them in understanding and settling disputes. Neutral analysis is an unbiased assessment of a case typically conducted by neutrals who are often retired judges or…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation…more

Confidentiality Agreements, Mediation

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Clarence Pozza, Jr., Esq

Neutral Analysis An Overlooked Tool for Understanding and Settling Disputes

Many attorneys may not be aware of a powerful tool that can assist them in understanding and settling disputes. Neutral analysis is an unbiased assessment of a case typically conducted by neutrals who are often retired judges or…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Richard Price

International Patent Litigation and Mediation - A neutral’s view from Europe

As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. This has certainly been my experience over a long period as a patent litigator in private practice. But is this…more

Commercial Litigation, Dispute Resolution, International Litigation, Mediation, Mediators

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Kim Prochnau

JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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Adrienne Publicover

[PODCAST] The Pandemic and Beyond: Navigating Disputes Within Health Care Systems

A podcast from JAMS featuring neutrals Christopher Keele, Esq., and Adrienne Publicover, Esq., on disputes within health care systems and how parties can best navigate and mitigate these disputes - In this podcast, JAMS…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Health Care Providers

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Martin Quinn

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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Marbury Rainer

Mediating Complex Corporate Disputes Involving Officers and Directors

Claims against corporate officers and directors most commonly are derivative claims brought on behalf of a corporation or LLC in which the company is a nominal plaintiff. These claims allege that the defendants have breached…more

Board of Directors, Breach of Duty, Corporate Governance, Corporate Officers, Derivative Complaint

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Rebekah Ratliff

What is the potential of Alternative Dispute Resolution (ADR) in insurance? “The insurance industry is the cornerstone of solutions”

The daughter of a pastor and a nurse, Rebekah Ratliff, mediator and arbitrator at JAMS, knows what it means to build and live a service-orientated life. Speaking with Insurance Business ahead of a JAMS-sponsored event unpicking…more

Arbitration, Arbitrators, Dispute Resolution, Insurance Claims, Insurance Industry

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Ronald Ravikoff

Using ADR to Streamline the Complex Case

Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a life…more

Arbitration, Attorney's Fees, Class Action, Discovery, Dispute Resolution

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Barbara Reeves

Best Practices for Technology Arbitrations

Technology disputes are often quite complex, and they frequently require a speedy and cost-efficient resolution. Some organizations are adopting special rules for technology arbitrations, while others rely on their comprehensive…more

Arbitration, Best Practices, Confidential Information, Popular, Technology Sector

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Hon. Glen Reiser

[PODCAST] JAMS Neutrals on the Evolution of Trusts and Estates Disputes and Considerations for Selecting the Right Mediator

In this podcast, JAMS neutrals Hon. Glen Reiser (Ret.) and Lisbeth Bulmash, Esq., discuss how the pandemic and a shifting landscape around wealth transfers is fueling increased trusts and estates disputes. They weigh in on how…more

Estate Planning, Mediation, Mediators, Mental Capacity, Probate

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Steven Rhodes

From a doodle to the Grand Bargain

How the bankruptcy in Detroit was resolved through mediation - Judge Rhodes: Detroit’s problems were well known long before it filed bankruptcy in July 2013. Because it was insolvent, its municipal services were inadequate…more

Bankruptcy Code, Mediation

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Hon. Annette M. Rizzo (Ret.)

[PODCAST] JAMS Neutral Hon. Annette M. Rizzo (Ret.) appeared on an episode of "What the M"

Hon. Annette M. Rizzo (Ret.) appeared on an episode of "What the M," a podcast hosted by mortgage default servicing attorneys Kent McPhail and Stephen Hladik that delves into challenges and trends affecting mortgage servicers,…more

Arbitration, Dispute Resolution, Foreclosure, Litigation Strategies, Mediation

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James Robertson

A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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Maurice Robinson

[PODCAST] Understanding and Celebrating Neurodiversity and the Steps to Creating an Inclusive Workplace

In this podcast, JAMS neutrals Stephen H. Sulmeyer, J.D., Ph.D.; Robin H. Gise, Esq.; and Maurice Q. Robinson, a member of the 2022–2023 class of the JAMS Diversity Fellowship Program, discuss neurodiversity and the workplace…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues, Employment Policies

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Gerald Rosen

Neutral Analysis: A Powerful and Effective Tool

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation. When conducted by experienced neutral professionals with no preconceived view of the issues, neutral analysis is…more

Arbitration, Dispute Resolution, Mediation

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Peter Rosen

The Importance of Adding a Mediation Provision to Representations and Warranties Policies

I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that…more

Claims Made Policy, Dispute Resolution, Insurance Claims, Insurance Industry, Mediation

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James Rosenbaum

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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David Ross

Mind of the Master Mediator

Dear readers, this resource comprises the first compiled edition of Mind of the Master Mediator, a popular blog series by David S. Ross, a JAMS Mediator and Columbia Law School Adjunct Professor The Origin - I’m fascinated by…more

Dispute Resolution, Mediation, Mediators, Settlement Negotiations, Videoconference

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Elaine Rushing

Best Practices for Managing Wills Between Family Members

A mother dies, leaving her daughter 75 percent of her estate. Her son, who thought he would receive 50 percent, contests the will. The daughter claims that their mother must have changed her will to compensate the daughter for…more

Arbitration, Dispute Resolution, Inheritance, Wills

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Matthew Rushton

Leading Collaborative Change

Around the world, the coronavirus pandemic has not only devastated public health, but exploded assumptions of competence and good intentions of government. Few could be optimistic of a swift reversal in circumstances. In this…more

Coronavirus/COVID-19, Corporate Social Responsibility, Dispute Resolution, Mediation, Mediators

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Ignazio Ruvolo

Referees Can Hear Cases While Most Courts Remain Closed

On March 23, 2020, California Chief Justice of the Supreme Court of California Tani Cantil-Sakauye issued a statewide order suspending all jury trials, criminal and civil, for 60 days. On March 30, she issued another order…more

Administrative Backlogs, CA Supreme Court, Cal Code of Civil Procedure, California, Coronavirus/COVID-19

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Hon. James Ryan

Process Planning Is an Essential Prerequisite to Successful Mediation in the Post-COVID-19 Era

In March 2020, mediation in the United States underwent a sea change due to the COVID-19 pandemic. The situation is still evolving, and no one can predict what the future may hold. However, it has become clear that for the…more

Client Services, Coronavirus/COVID-19, Mediation, Mediators, Videoconference

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Judith Ryan

Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more

Employee Benefits, Family and Medical Leave Act (FMLA), First Amendment, Free Speech, Gender Discrimination

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Jennifer Sambito

A Step in the Direction of Increased Fairness

While some educational institutions are waiting for the pending federal regulations to be finalized before changing their Title IX policies and procedures, recent court opinions illustrate that the judicial branch is eager to…more

Department of Education, Due Process, Educational Institutions, Higher Education Act, Title IX

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Hon. Glenda Sanders

Agreeing to Disagree: The Complex World of Business Disputes

Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution (ADR)…more

Arbitration, Arbitrators, Business Disputes, Dispute Resolution, Litigation Strategies

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Deborah Saxe

Making New Connections: Virtual Mediation Is the New Frontier

Yogi Berra once said, “It’s tough to make predictions, especially about the future.” Well, I am going to make a prediction that in-person mediations will never be the same. Even before COVID-19 and stay-at-home orders,…more

Coronavirus/COVID-19, Mediation, Mediators, Videoconference, Virtual Meetings

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Shira Scheindlin

The Use Of Special Masters In Complex Cases

In the years that I served as a United States district judge, I frequently appointed special masters and made such appointments in a variety of contexts. Although some judges are fans of using special masters, many others have…more

Judges, Special Master

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Phillip Shefferly

[PODCAST] JAMS Neutrals Discuss the Use of Mediation in Bankruptcy Cases

In this podcast, JAMS neutrals Judge Joan Feeney and Judge Phillip Shefferly share their thoughts on why mediation is a good tool to resolve bankruptcy disputes, provide listeners with a look into their own approaches to…more

Adversary Proceedings, Board of Directors, Breach of Duty, Chapter 11, Chapter 7

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Hon. Karen Shields

[PODCAST] JAMS Neutrals on Using Mediation to Navigate the Complexities of Family Law Disputes

In this podcast, JAMS neutrals Hon. Grace G. Dickler (Ret.) and Hon. Karen G. Shields (Ret.) explore how the pandemic affected family law disputes, how virtual proceedings provided an avenue to keep cases moving forward and how…more

Child Custody, Child Support, Dispute Resolution, Divorce, Family Law Courts

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William Short, Jr.

JAMS Global Construction Solutions Newsletter, Fall 2015

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper…more

Arbitration, Arbitrators, Confidential Information, Mediation, Settlement Agreements

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Abby Silverman

Preparing Clients for Productive Mediations

Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things that…more

Dispute Resolution, Joint Sessions, Mediation, Mediators, Negotiations

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Scott Silverman

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in…more

Arbitration, Arbitrators, Dispute Resolution, International Arbitration, Litigation Strategies

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Linda Singer

Update on Remote Mediations and the Virtual Evolution of ADR

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely. What have we learned from this…more

Arbitration, Arbitrators, Client Communication, Coronavirus/COVID-19, Dispute Resolution

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Hon. Gregory Sleet

“My Story” Featuring Hon. Gregory M. Sleet (Ret.)

Early Career and Influences Judge Gregory Sleet's legal journey began in Philadelphia, where he served as an assistant public defender. "I started out as an assistant public defender in Philadelphia,” Judge Sleet recalls…more

Arbitration, Arbitrators, Career Development, Diversity and Inclusion Standards (D&I), Leadership

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Frederic Smalkin

A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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Mark Smalls

How an Arbitrator Shadowing Protocol Could Promote More Diversity

In July, as part of its Cocktails and Conversations webinar series, JAMS brought together industry leaders to explore concrete ways to promote diversity and inclusion in international arbitration. Mark Smalls, senior vice…more

Arbitration, Arbitrators, Diversity, Diversity and Inclusion Standards (D&I), International Arbitration

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Hon. Sheila Prell Sonenshine

Embracing Technology and Keeping an Open Mind: Utilizing Telephonic, Videoconference, Skype, Facetime and Zoom Conferencing Platforms

Hon. Sheila Prell Sonenshine (Ret.) on the impact of COVID-19 on the legal profession - The effects of the COVID-19 pandemic will endure long after this crisis has ended. Its impact will alter the way the world does…more

Arbitration, Arbitrators, Coronavirus/COVID-19, FaceTime, Legal Technology

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Stephen Sonnenberg

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the following…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Dispute Resolution, Employment Litigation

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Thomas Stipanowich

JAMS Global Construction Solutions Newsletter, Winter 2020

Navigating the Multilane Highway of Construction Dispute Resolution - Using a deliberate and thoughtful approach to managing and resolving conflicts can reap great dividends. Have you considered all options in order to best…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Dispute Resolution

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Nancy Wieben Stock

Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making - A neutral’s perspective on the evolution of resolving construction disputes

For several years, the shuttering effects of a global pandemic have severely hampered the ability of arbitrators and advocates to use direct techniques to try complex commercial arbitration cases. Forced closures, tempered by…more

Arbitration, Arbitrators, Commercial Arbitration, Decision-Making Process, Innovation

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Jeane Struck

Co-Mediation When Two Heads Are Better Than One

Who is the perfect mediator for your next case? Is it someone who can size up the room quickly and delve into the meat of the matter? Or perhaps this time you need an empathic listener who can give a wounded party his day in…more

Dispute Resolution, Mediation

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Richard Suarez

“My Story” Featuring Richard J. Suarez (Retired Judge, District Court of Appeal)

Richard J. Suarez (Retired Judge, District Court of Appeal) joined JAMS following a distinguished legal career, most recently in the Third District Court of Appeal in Florida, where he served as chief judge from 2015 to 2017…more

Arbitrators, Career Development, Judges, Mediators, Mentors

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Stephen Sulmeyer, Ph.D.

[PODCAST] Understanding and Celebrating Neurodiversity and the Steps to Creating an Inclusive Workplace

In this podcast, JAMS neutrals Stephen H. Sulmeyer, J.D., Ph.D.; Robin H. Gise, Esq.; and Maurice Q. Robinson, a member of the 2022–2023 class of the JAMS Diversity Fellowship Program, discuss neurodiversity and the workplace…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues, Employment Policies

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Hon. Janice Symchych

ADR and Diversity in the Life Sciences Sector

The COVID-19 pandemic and the subsequent rush to develop life-saving vaccines have posed enormous challenges for practitioners in all areas of the life sciences and health care industries, including those whose area of focus…more

Arbitration, Arbitrators, Dispute Resolution, Diversity, Life Sciences

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Deanell Reece Tacha

A Case For Litigation Alternatives In #MeToo Movement

Recently the nation has been riveted, horrified, bewildered and challenged by the cascade of sexual harassment and sexual abuse allegations leveled against high-profile personalities in the media, industry, the church, education…more

#MeToo, Dispute Resolution, Sexual Harassment

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Hon. Lynn O'Malley Taylor

A Hypothetical Higher Education Dispute and How a Neutral Can Help Resolve It

Imagine you are employed in the human relations department at a university. One day, Dr. Kiran Gupta,* who has been a faculty member in the political science department for 10 years, comes to your office and is very upset. She…more

Employment Discrimination, Gender Discrimination, Mediation, Mediators, National Origin Discrimination

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Kimberly Taylor

Rising Global Demand for International Dispute Resolution: Trends and Perspectives

JAMS has released its second annual global caseload statistics report. This report captures the volume and types of international matters handled in 2023, reflecting the growing demand for alternative dispute resolution (ADR)…more

Arbitration, Arbitrators, Cross-Border, Dispute Resolution, International Arbitration

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Bernard Taylor, Sr.

“My Story” Featuring Bernard Taylor - A video snapshot of JAMS neutral Bernard Taylor

After a nearly 40-year legal career at Alston & Bird, where he was chair of the firm’s Management Committee and the Products Liability Group, Bernard Taylor, Sr., joined JAMS. Mr. Taylor focuses on mass torts, complex commercial…more

Arbitration, Arbitrators, Career Development, Dispute Resolution, Diversity

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Patricia Thompson

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,…more

Arbitration, Arbitrators, Cross-Border, Dispute Resolution, International Arbitration

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Roderick Thompson

Considering Patent Arbitration? Be Aware of the PTO Notice Requirement

The COVID-19 pandemic has delayed civil trials across the country. This includes patent cases, which are often complex and must be filed in federal court. Arbitration offers a possible alternative venue. While arbitration is…more

Arbitration, Arbitration Awards, Notice Requirements, Patent Infringement, Patent Litigation

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R. Wayne Thorpe

Health Care Matters, Summer 2016

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest…more

Affordable Care Act, Anti-Kickback Statute, Antitrust Investigations, Arbitration, Conflicts of Interest

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Joe Tirado

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021 for…more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation

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Stephen Townley

Understanding ESG’s Litigation Risk with Sports Law Expert Stephen Townley

Sports law authority Stephen Townley, FCIArb offers his insights into why environmental, social and corporate governance (ESG) is such a significant emerging litigation risk for sport – and what industry stakeholders can do…more

Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Sports, Sustainability

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Hon. Randa Trapp

“My Story” Featuring Hon. Randa M. Trapp (Ret.)

A video snapshot of JAMS mediator and arbitrator Randa Trapp - Professional Journey - Judge Trapp joined JAMS after serving 18 years on the San Diego Superior Court, including 10 years in the civil division, where she…more

Arbitrators, Career Development, Mediators, Mentors, Women in the Law

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Paul Troy

JAMS Boston Newsletter, Summer 2017

Early Mediation: A Magic Bullet? - More than 90 percent of the cases in Superior Court eventually settle before or during trial. In the majority, counsel are content to let discovery and dispositive motions play out; they do…more

Arbitration, Arbitrators, Dispute Resolution, Mediation

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Hon. Gail Tusan

Honoring Women’s History Month: JAMS Neutrals Reflect on Their Careers and Provide Words of Wisdom for Future Generations (Podcast)

In this podcast, JAMS neutrals Hon. Karen Brown Willcutts (Former), FCIArb; Hon. Gail S. Tusan, Senior Judge; and Hon. Judith Fabricant (Ret.) discuss their remarkable careers in recognition of Women’s History Month. The…more

Arbitration, Arbitrators, Diversity, Diversity and Inclusion Standards (D&I), Interviews

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Eric Van Loon

JAMS Boston Newsletter, Summer 2018

10 Tips Toward Client Arbitration Satisfaction - Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive. While…more

Arbitration, Dispute Resolution, Mediation

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Curtis von Kann

How to Win an Arbitration

Having observed effective advocates in action during my 53 years as a trial lawyer, judge and arbitrator, I have come up with 10 rules for winning in arbitration…more

Arbitration, Arbitrators, Credibility, Trial Practice Guidance, Trial Preparation

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Maria Walsh

Pregnancy Discrimination Claims Grow

With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers. Enacted in 1978, the Pregnancy Discrimination Act banned employment discrimination on the…more

Affordable Care Act, Americans with Disabilities Act (ADA), Breastfeeding, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Hon. James Ware

ADR and Diversity in the Life Sciences Sector

The COVID-19 pandemic and the subsequent rush to develop life-saving vaccines have posed enormous challenges for practitioners in all areas of the life sciences and health care industries, including those whose area of focus…more

Arbitration, Arbitrators, Dispute Resolution, Diversity, Life Sciences

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James Warren

“My Story” Featuring Hon. James L. Warren (Ret.)

A video snapshot of JAMS mediator, arbitrator and special master/referee James L. Warren - Judge Warren joined JAMS in 2006 after an extensive legal career and having served as a superior court judge in San Francisco for 12…more

Arbitration, Arbitrators, Dispute Resolution, Diversity, Judges

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Conna Weiner

[PODCAST] Top 10 Tips for Achieving an Efficient Fair and Cost Effective Life Sciences Arbitration

JAMS Neutral Conna Weiner on Top 10 Tips for Achieving an Efficient, Fair and Cost-Effective Life Sciences Arbitration…more

Arbitration, Arbitrators, Dispute Resolution, Life Sciences

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Hon. Diane Welsh

Bellwether Mediations As An Alternative To Bellwether Trials

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement. As with bellwether trials, the issues of…more

Bellwether Verdicts, Dispute Resolution, Mass Tort Litigation, Mediation, Mediators

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Hon. Rebecca Westerfield

[VIDEO] Fireside Chat: An Intergenerational and Intercultural Conversation with Judge Westerfield and Kim Keenan, Esq.

JAMS neutral Hon. Rebecca Westerfield (Ret.) welcomes and interviews JAMS neutral Kim M. Keenan, Esq., who recently joined the Washington, D.C. Resolution Center - In an interview with Judge Westerfield, Ms. Keenan traces…more

Arbitration, Arbitrators, Dispute Resolution, Leadership, Mediation

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Hon. Elizabeth Allen White

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

In a recent podcast produced by the National Association of Women Judges (NAWJ), Richard Birke, executive director of the JAMS Institute, and JAMS neutrals Hon. Frank Maas (Ret.) and Hon. Elizabeth White (Ret.), president elect…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Hon. Karen Brown Willcutts

Essential Tips for a Successful Oil and Gas Mediation

As the oil and gas industry continues to evolve, oil and gas companies will no doubt see new types of claims asserted against them. Regardless of the players and the issues, oil and gas litigation is here to stay, and mediation…more

Demand Letter, Dispute Resolution, Mediation, Mediators, Oil & Gas

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Carol Wittenberg

Role Of The Mediator In The Age Of #MeToo

There is no question that the #MeToo movement has encouraged women across the board to come forward with complaints of sexual harassment in the workplace. As mediators, we have witnessed the increase in these cases over the past…more

#MeToo, Mediation, Sexual Harassment

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Peter Woodin

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive…more

Arbitrators, Business Closures, Business Disruption, Business Interruption, Business Losses

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Cynthia Wright

“Wedlocked”: Using Mediation for Same-Sex Divorce

In November 2003, Massachusetts became the first U.S. state to legalize same-sex marriage. Over the next decade, more states followed suit. By 2013, same-sex marriage was legal in a dozen U.S. states and in the District of…more

Divorce, DOMA, Mediation, Same-Sex Marriage

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Cathy Yanni

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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Michael Young

[PODCAST] JAMS Neutrals See Strong Future for Hybrid ADR Proceedings

A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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David Zacks

Being Open to All Possibilities in Mediations

Let’s put mediation aside for a moment (I promise I will get back to it) and focus on the practice of law pre-pandemic. All attorneys and staff were expected to work in the office. Exceptions included going to court and…more

Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation, Mediators

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Michael Zuckerman

Reflections during Pride Month from a JAMS neutral and JAMS diversity fellow

Amidst the celebrations of LGBTQ Pride Month, let’s remember the power and beauty of living authentically. Neither one of us came out of the closet until we were adults. But once we did, we experienced the burgeoning power that…more

Diversity, Diversity and Inclusion Standards (D&I), LGBTQ, Vulnerability Assessments

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