News & Analysis as of

JAMS Dispute Resolution Alert, Summer 2014

In This Issue: - Experts Predict ADR Will Help Resolve Affordable Care Act Claims - ADR News & Case Updates - Domestic Focus ..Supreme Court Ruling Expands Whistleblower Protections - Good...more

Three Lessons about ADR

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but are often overlooked by the practitioner. First are the multiple opportunities for the...more

Resolving Legal Disputes in the United States: Litigation, Arbitration or Mediation

As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S....more

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

2014 Resolutions Series: Don’t Just Throw in the Towel

A business relationship is just that: a relationship. It has phases like any other relationship, and takes effort and mutual interest from both parties to keep it functional. While ideally every business relationship will...more

What Is The Difference Between Mediation And Arbitration

Many people use the terms “mediation” and “arbitration” interchangeably, mistakenly believing they are two different words that mean the same thing. While the English language is curiously replete with examples of different...more

A Digest of the China (Shanghai) Pilot Free Trade Zone Arbitration Rules: A More Liberal Development of Arbitration Practice in...

After splitting from the China International Economic and Trade Arbitration Commission (the CIETAC) through the notable “CIETAC split” event in 2012, the Shanghai International Economic and Trade Arbitration Commission (the...more

Trial, Arbitration, Mediation: New Study Compares Customer Satisfaction

Vindication! It’s the dream of every defendant who has found his or her name on the south side of the “v.” in the caption of a lawsuit: to watch that sleazy jerk who sued me walk away from the courthouse with nothing to show...more

What is alternative dispute resolution?  [Video]

Phoenix business law firm Jaburg Wilk's attorney Neal Bookspan talks about what alternative dispute resolution, mediation and arbitration are in Arizona. For more information visit www.jaburgwilk.com...more

A Significant Development In Alternative Dispute Resolution

On March 24, 2014, the U.S. Supreme Court denied certiorari in Strine v Delaware Coalition for Open Government, Inc., 2014 US Lexis 1984, and let stand a ruling from the Third Circuit (733 F3d 510). The Third Circuit ruling...more

Commercial Dispute Resolution: Assessing the Supremes

Partners in the Supreme Court practices of US law firms pick the most important commercial cases heard in 2013 and plot the court’s course over the next 12 months. Amir Tayrani, a partner in the Washington, DC office...more

Five Things You Didn’t Know about Class Action ADR

For both plaintiffs and defendants, class action litigation is time-intensive, costly and requires close oversight from start to finish. As a result, parties are increasingly turning to alternative dispute resolution (ADR)...more

Coming Clean

Orange - There isn't a single dispute formula that will resolve all disputes before him. But with trust and honesty as parts of the process, cases are more likely to end in settlement, according to JAMS mediator Jonathan H....more

ADR: A Silver Lining within the Legal Industry’s “New Normal”

Most pundits of the legal industry agree that the Great Recession of 2008-2009 changed the practice and the business of law forever. A number of widely read reports has identified these seemingly permanent changes as the “new...more

Mediation or Arbitration: What’s the Difference?

When people disagree, they have choices on how to resolve their dispute. They can lawyer-up, file a lawsuit, and let a judge or jury decide who wins. They can also try to resolve the matter between themselves, they can engage...more

The Growth of ADR in Brazil

ADR has been gaining momentum in Brazil for many years, sparked in part by a rise in foreign investment, the export of capital abroad, and distinct public policy shifts. The Brazilian Supreme Court affirmed the...more

ICC Launches New Mediation Rules

On 4 December 2013, the Paris-based International Chamber of Commerce (ICC) published its new Mediation Rules, which will come into effect on 1 January 2014, one year after the ICC’s new Arbitration Rules came into effect....more

JAMS Global Construction Solutions -- Fall 2013

In This Issue: QnA with the JAMS Global Engineering and Construction Group; Engineering Mediations for Success; Who's in charge of this arbitration anyways?; and Notices & Events. Excerpt from QnA with the JAMS...more

American Arbitration Association’s Commercial Arbitration Rules Revised

The American Arbitration Association (“AAA”) has recently amended its AAA Commercial Rules (the “Commercial Rules”), which apply to thousands of U.S. domestic arbitrations annually. The amendments take effect for all...more

New Jersey Court Holds That A Mediator May Not Also Serve As An Arbitrator

The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator. ...more

Is Your ADR Clause Enforceable?

A number of recent court decisions have addressed the enforceability of contract clauses that call for alternative dispute resolution procedures instead of traditional courtroom litigation. ...more

Innovative changes for Belgium’s arbitration rules

This year Belgium has already seen significant reforms in its arbitration rules. These innovative changes include the adoption of a new Arbitration Act and the adoption of new Arbitration and Mediation Rules by the Belgian...more

How Long Will My Divorce Take in Maricopa County?

The length of a divorce proceeding in Maricopa County is dependent on several factors. The first factor is dependent on the spouses. The increased conflict and animosity between spouses, along with attachment to...more

Back to School and Back to Court, Litigating your Divorce and Custody Matter

Every September brings excitement for thousands of children leaving the house for the first time and attending school and for those going back to school. The little yellow bus turning the corner also brings excitement and...more

Spreading ADR Best Practices around the World

Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms...more

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