JAMS

Whistleblower Cases are Custom Tailored for ADR

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

Mediation – Is the Joint Session Still Alive?

Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

JAMS Global Construction Solutions Newsletter, Summer 2015

Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities - Introduction - There are important differences between the American and British styles of lawyering, but there is also much common ground…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, International Law & Trade

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
| Alternative Dispute Resolution (ADR), Civil Procedure

Federal Arbitration Case Update | Cox and the Courtroom

Following is an interesting and recent federal court ruling related to arbitration. Litigation Activity Results in Waiver of Right to Arbitrate - Healy v. Cox Communications - United States Court of Appeals, Tenth…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

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

How can you economically and effectively settle the single-family construction defect case? In a recent mediation involving a homeowner, contractor and 15 subs, the participants used the following practices, which resulted in 16…more
| Alternative Dispute Resolution (ADR), Construction Law, Real Estate - Residential

60s On 6; Sirius Trouble

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the…more
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management, Inc…more
| Alternative Dispute Resolution (ADR), Finance & Banking, Labor & Employment Law, Science, Computers, & Technology

Enforcing Arbitration Agreements: The Choice of Procedural Law

The Federal Arbitration Act (FAA) applies generally to most arbitration agreements, but parties can choose to have the procedural law of the place of arbitration apply instead. On many issues, there is no material difference…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

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
| Health, Mergers & Acquisitions

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

Apologies are difficult. By expressing regret and accepting responsibility for a harmful act, the person apologizing transfers “power” from him- or herself to the person receiving the apology. Parties negotiating settlement want…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

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

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

There Are No Do-Overs in Mediation

Most mediations begin and end in a single day. As much as the parties would benefit from a leisurely pace to explore all the factual and legal issues, today’s practice is to schedule only one day, or even a half-day, to mediate…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

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
| Administrative Law, Alternative Dispute Resolution (ADR), Civil Procedure, Intellectual Property
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100+ Attorneys

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