JAMS, The Resolution Experts

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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

The Duty to Preserve Electronically Stored Information

As soon as a party is served with a summons and complaint and sometimes sooner, there arises a duty to preserve evidence, including electronically stored information (ESI). This duty requires both counsel and clients to comply…more
| Civil Procedure, Electronic Discovery

The Key “Moral” from Stories Mediators Tell

The theme of the 2014 Mediation Week was inspired by Stories Mediators Tell, a moving and illuminating collection of stories about the often dramatic facts of mediation life that Editors Eric R. Galton and Leila P. Love coaxed…more
| Alternative Dispute Resolution (ADR), Law Practice Products & Services

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

Make the Most of Your Mediation: Effective Negotiations

Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome: 1. Bring everything you…more
| Alternative Dispute Resolution (ADR)

$1B Settlement Reached in Stryker Hip Implant Mass Tort

Thousands of plaintiffs in New Jersey and around the country who had surgery to remove failed hip implants settled their claims November 3 in a deal that is expected to pay out more than $1 billion. It was reached after four…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Products Liability

Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Privacy, Intellectual Property

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
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