JAMS, The Resolution Experts

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Irvine, California 92614 , United States

  • 1-800-352-5267

Do We Need a New York Convention for Mediation/Conciliation?

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United…more
| Alternative Dispute Resolution (ADR), Civil Remedies, International Law & Trade

Make the Most of Your Mediation: Seal the Deal

It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

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

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

Social media postings in sexual harassment litigation

Sexual harassment litigation typically involves accusations of unwelcome sexual conduct or comments in the workplace. Sometimes allegations are simply denied. More often, however, defendants assert that plaintiff either welcomed…more
| Civil Procedure, Civil Rights, Communications & Media Law, Labor & Employment Law

A Mediator’s Pleas(e)

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

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
| Alternative Dispute Resolution (ADR), Civil Procedure

Mediation Advocacy – Countdown to a Successful Mediation

Lawyers and mediators sometimes fail to appreciate that a mediation requires as much advance planning and consideration of strategy as a trial. Too often, lawyers (and some mediators) pick up the file a day or two in advance (at…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

It’s All About That Clause, ‘Bout That Clause

As a former trial lawyer, I know well the unpopularity of arbitration among litigators. The list of reasons rolls easily off the tongue of any experienced trial lawyer: 1. The arbitrator does not have to follow the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Neutral analysis and second opinions

Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools available to them, including negotiation, mediation, arbitration and litigation. There are other devices,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Why are Attorneys Afraid of Conflict in Mediation?

The mediation process has evolved significantly over the past few decades. Mediation was initially viewed skeptically by trial attorneys who viewed themselves as warriors who preferred to try cases rather than settle them. Those…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

The mediator as process designer

A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

The Small Big: Small Changes That Spark Big Influence

Nothing is more important to negotiation success than getting the other side to say yes. The formal study of this critical aspect of negotiation is called “persuasion science,” and no expert is more accomplished or recognized…more
| Alternative Dispute Resolution (ADR)

Mediator’s proposals: god’s gift to mediation, or a betrayal?

Once upon a time some 35 years ago, mediation was talked about in the United States as a tool to cure dissatisfactions with the civil justice system. The great early teachers and scholars of mediation -- Frank Sanders,…more
| Antitrust & Trade Regulation

JAMS Dispute Resolution Alert, Winter 2014

In This Issue: - In Depth: Engaging Neutrals for Mock Exercises Provides Invaluable Insight - ADR Conversations: More Energy, More Deals, More Disputes Domestic Focus: Mandatory Mediation Programs Successful in…more
| Alternative Dispute Resolution (ADR), International Law & Trade

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
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, International Law & Trade
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100+ Attorneys

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