JAMS, The Resolution Experts

1920 Main Street Suite 300
Irvine, California 92614 , United States

  • 1-800-352-5267

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

Why Mediate Employment Issues?

Considering the ever-increasing costs of litigation and that most employment disputes are either dismissed or settled before ever going to trial, counsel should give serious consideration to early mediation for these matters…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Discovery of Social Media Data

The digital revolution has caused tremendous growth in the volume of documents stored and collected electronically. It has also caused the creation of new sources of digital data, one of the most significant of which is social…more
| Civil Procedure, Electronic Discovery

New JAMS Arbitration Rules Offer Emergency Relief Procedures

Parties choose arbitration because it provides for a controlled process. Within that process, there is one relatively rare situation when a party requires immediate relief to get a certain aspect of the case resolved quickly and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

Effect On Settlement Of Post-Grant Patent Review Proceedings

The recent America Invents Act both modified and created procedures for challenging patents in proceedings before the United States Patent and Trademark Office (PTO) after they have been issued, which are called post grant…more
| Civil Procedure, Intellectual Property

Big Mac Attack: Is the Franchisor a Joint Employer?

On July 29, 2014, the National Labor Relations Board (“NLRB”) issued a brief statement that could turn labor law in the world of franchising upside down. The NLRB’s General Counsel stated that it plans to go forward with a…more
| Labor & Employment Law, Franchise Law
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