JAMS

Five Steps to Facilitate a Fair and Efficient Arbitration

Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility. 1. Design the Process at the Preliminary Conference The preliminary conference is a good…more
| Alternative Dispute Resolution (ADR)

Class Action Settlement Checklist

As most attorneys are aware, the settlement of a class action can be quite complicated. Unlike “one vs. one” cases, class actions involve terms that go beyond simple dollars and cents issues. This is particularly true since…more
| Alternative Dispute Resolution (ADR)

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
| Alternative Dispute Resolution (ADR)

How to Prepare Your Client for Mediation

As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your…more
| Alternative Dispute Resolution (ADR)

JAMS Global Construction Solutions Newsletter, Spring 2017

Reallocation Actions and Settlement Agreements: What Did We Settle? - The purpose of a settlement and release agreement is to fully and finally dispose of a disputed matter. However, more and more often, a dispute cannot be…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law

Expedite your Settlement Using Bracketing

Give brackets a chance. No seriously, what have you got to lose? Lawyers often groan when the idea of bracketing comes up in mediation. But brackets can fast forward negotiations and avoid energy sucking baby steps when parties…more
| Alternative Dispute Resolution (ADR)

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
| Civil Procedure, Commercial Law & Contracts

Title IX Investigations in Need of Reform

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest all…more
| Alternative Dispute Resolution (ADR), Criminal Law, Education

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
| Alternative Dispute Resolution (ADR)

Brexit – the end of Pan European Patent Dispute Resolution?

For more than 40 years, resolving European cross-border disputes about patents in one proceeding has been a dream. The solution, by way of a new European Unified Patents Court (UPC), was until the summer of 2016 within touching…more
| Alternative Dispute Resolution (ADR), Intellectual Property, International Law & Trade

Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America

Construction adjudication, the dispute resolution method credited with reducing construction litigation by more than 80 percent in the United Kingdom, is coming to North America. The adjudication method requires disputes arising…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties…more
| Alternative Dispute Resolution (ADR)

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties…more
| Alternative Dispute Resolution (ADR)

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
| Alternative Dispute Resolution (ADR), Energy & Utilities
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