JAMS, The Resolution Experts

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Irvine, California 92614 , United States

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The Impact of Competition Law in the Mediation of Patent Disputes

Patent disputes lend themselves well to alternative dispute resolution (ADR) methods, particularly mediation.1 Mediation provides a timely and cost-effective opportunity for parties to explore and adopt creative solutions for…more
| Alternative Dispute Resolution (ADR), Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property

Mediation Decision-Makers Need “Decision-Quality Information”

The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate? In…more
| Alternative Dispute Resolution (ADR)

An Employee is an Employee is an Employee: Alexander v. FedEx Ground

In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many cases…more
| Commercial Law & Contracts, Labor & Employment Law

Prepare for Mediation Success: Six Tips for Writing a Strong Brief

Writing a persuasive brief is one of the most important things an attorney can do to prepare for mediation of a business dispute. A good brief provides the opposing side with information they need to consider. Perhaps even more…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

Eight Tips on How to Impress Your Arbitrator

While the most successful way to impress your arbitrator is with the merits of your case, there are smaller, but important, ways to create a favorable impression of yourself and your client’s case. Below is one arbitrator’s…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Moving from Preparation to Negotiation – How to Cause Failure in Mediation – Part 1

Much has been written advising of various tips to make mediations work. Let’s address ways folks are making sure their mediations fail! Here are a few: Mediating too early: Early stage mediation is a very effective method…more
| Alternative Dispute Resolution (ADR)

From Bench to Mediator — Some Observations about the Transition

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

The Evolution of International Commercial Dispute Resolution: From One Size Fits All to Bespoke Suit

Several years ago, I was giving a talk in Parma, Italy, on international commercial dispute resolution and the dramatic changes the field had undergone in the past century. Looking around the room, I noticed that everyone was…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade

The Promise and Perils of “Med-Arb”

When disputing parties tire of mediation (because it is too “weak”) or fear arbitration (because it is too “controlling”), they seek an Alternative Dispute Resolution solution that is “just right.” Recently, I’ve heard a number…more
| Alternative Dispute Resolution (ADR)

Reimagining Arbitration

The rapid growth of commercial arbitration has not been without drawbacks. As counsel have become more sophisticated in dispute process design, arbitrations now often incorporate many elements of a court trial. Litigation…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Experts Predict ADR Will Help Resolve ACA Claims

The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as…more
| Alternative Dispute Resolution (ADR), Health

Covered or Not: Has Hartford v. Swift Opened a Faster Lane for Intellectual Property and Insurance Mediation?

The California Supreme Court recently issued its longawaited coverage decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014). The Court, applying California state law, upheld the trial court’s…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Communications & Media Law, Business Torts, Insurance

The ADR Provisions of EU Privacy Laws

Companies doing business globally have a variety of complex issues to deal with, not the least of which is concern about the security of personal data collected from their customers. In 1995, the European Union issued…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy

Mediation Briefs: Do’s and Don’ts

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Do remember that the mediation session will likely be the last day of your case. Treat the event with the importance…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

Employment Mediation Requires a Unique Touch

Although the fact patterns of employment cases vary considerably, there is always a common theme. The plaintiffs believe they have been mistreated by their employers, and the employers almost always deny the factual allegations…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law
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