JAMS, The Resolution Experts

Joint Sessions: Are Lawyers Right to Hate Them?

Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly accurate…more
| Alternative Dispute Resolution (ADR)

JAMS Global Construction Solutions Newsletter, Spring 2015

In This Issue: - "The 39 Steps: Is Your ADR Clause as Frightening as an Alfred Hitchcock Thriller?" - "Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America" - "How to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law

The Future of Mediation

It is impossible to talk about the future, present or past of mediation without putting some sort of definition to that term. Clearly, mediation as dispute resolution has been around as long as disputes. When defined as a…more
| Alternative Dispute Resolution (ADR), International Law & Trade

Washington State Newsletter - Spring 2015

2014 Year in Review - Last year was another successful year for the JAMS Seattle Resolution Center. We welcomed esteemed King County Superior Court Judge Deborah Fleck to our panel, added 1,900 square feet to our…more
| Alternative Dispute Resolution (ADR), Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

The Managed Mediation of a Payor-Provider Health Care Dispute

In the health care industry, payors and providers often have claims for both underpayment and overpayment arising from ongoing contracts or other health care services rendered. When claims arise between a payor and a…more
| Alternative Dispute Resolution (ADR), Health

There’s Always Time for a Second Opinion

The litigation process is full of variables and, no matter how strong a party’s case might be, going to trial is rarely a sure thing. There is also a tendency for counsel and clients to be overconfident in their assessments of…more
| Alternative Dispute Resolution (ADR)

First Things First: Design the Arbitration Process You Want

The principles for drafting a pre-dispute arbitration clause are straightforward. They do require an understanding of the legal relationship, which will be the subject of the clause, some sense of the nature of disputes that are…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

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
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