JAMS, The Resolution Experts

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

  • 1-800-352-5267

Start Spreading the News: Mandatory Mediation Comes to New York

As someone who started her legal career as a litigator, I, like many other litigators, viewed mandatory mediation with both skepticism and some suspicion. When my client was sent to court-ordered mediation by a judge in the SDNY…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Make the Most of Your Mediation: The Brief

Lawyers wonder, what’s the point of writing a good brief when it seems that judges barely skim them? Judges grumble that briefs are notoriously dense and barely readable. And yet an informative and concise brief is the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Is Your Arbitration Clause Outmoded?

Although arbitration is a “creature of contract” and many arbitrations proceed in the manner outlined in the arbitration clause, it is not unusual for the parties and their counsel to alter the terms of the original clause to…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Ethical Challenges of Aggregate Settlement Agreements

Aggregate settlements pose several ethical challenges, primarily because they involve lawyers representing the interests of more than one client. Care must be taken at all times to ensure the interests of all clients are…more
| Civil Procedure

Checklists to Save Clients Time and Money in a Big Case

As litigation becomes more expensive and timeconsuming, the reality is that only 1 to 2 percent of cases are disposed of with a jury verdict. In these circumstances, the overwhelming financial cost of litigation is in the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Arbitrator Selection

Much has been written in recent years about whether arbitration has lived up to its billing as a “better, faster, cheaper” alternative to litigation. No matter one’s views about this, litigation is undoubtedly very costly, and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently ruled…more
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

A Primer on Arbitrability

Drafters of arbitration clauses must understand the concept of arbitrability if the parties’ objectives are to be achieved. Arbitrability is the portmanteau for several distinct concepts: ..Is the clause/agreement…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

The Biology of Decision-Making

It is a common understanding among trial lawyers that decisions are made emotionally and not rationally. Attorneys are always looking for the emotional hook on which to hang the case and sway a jury to see the case through that…more
| Alternative Dispute Resolution (ADR)

The Rise in Pregnancy-Related Employment Discrimination Claims

Laws protecting female workers from discrimination have succeeded, more women are entering and remaining in the workforce in more diverse occupations than ever before. With expanded participation has come the need to adapt the…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

Change in Standards for Attorney Fee Awards in Patent Cases

Two recent Supreme Court decisions changed the standards for the award of attorneys’ fees to the prevailing party in patent infringement suits. Section 285 of the Patent Act provides for the award of fees in “exceptional” cases…more
| Civil Procedure, Civil Remedies, Intellectual Property

Mediating in a Changing Landscape: Whistleblower and Retaliation Claims

Whistleblower and retaliation claims are on the rise. Retaliation claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Best Practices for Settling MDLs

In recent years, studies have shown an increase in product liability lawsuits, and given the widespread sales of the products, many of these cases are being consolidated into multi-district litigations (MDLs). Many state courts,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Products Liability

Electronic Discovery: Are We Competent?

The State Bar of California has issued perhaps the country’s most straightforward and candid directive to litigators to learn the ins and outs of electronic discovery (e-discovery). In a proposed formal opinion, it states, “Not…more
| Electronic Discovery
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100+ Attorneys

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