News & Analysis as of

Arbitration Mediation

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -

Embracing ADR

by JAMS on

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners. In fact, 90 percent of...more

Should You Mediate Your Uninsured or Underinsured Motorist Case?

Woodland Hills car accident lawyer Barry P. Goldberg is an expert on all things “Uninsured” and “Underinsured” Motorist in California. Mr. Goldberg frequently gets calls from other personal injury attorneys seeking “the...more

The Evolution of ADR Services for Inbound and Outbound Investment: The Chinese Perspective

by JAMS on

JAMS was extremely proud to host Chinese Supreme Court Justice Hu Shihao and Shanghai People’s High Court Justice Yin Yonglei, along with four senior members of the Shanghai JAMS affiliate, the Shanghai Commercial Mediation...more

Reflections on Employment Mediation

by JAMS on

When to Mediate - Early mediation is not a panacea. Some cases require discovery before they are ready for mediation. A major reason why early mediations fail is that the parties have had little chance to discover key...more

Health Care Matters, Summer 2017

by JAMS on

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways...more

Avoiding Legal Malpractice Claims Arising From Mediation

by Reminger Co., LPA on

In today’s legal landscape, the settlement of litigation is often reached outside of the courtroom, as parties resort to mediation either by their own volition or due to court mandate. To encourage the use of mediation,...more

JAMS Boston Newsletter, Summer 2017

by JAMS on

Early Mediation: A Magic Bullet? - More than 90 percent of the cases in Superior Court eventually settle before or during trial. In the majority, counsel are content to let discovery and dispositive motions play out; they...more

The ADR Imperative to Ensure Access to Justice

by JAMS on

On July 6, a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—will gather in London for the latest event in the Global Pound Conferences...more

Employment Matters Newsletter, Summer 2017

by JAMS on

Mediation in Employment Discrimination Disputes Can Serve the Interests of All Parties - Federal and state laws protect the right of individuals to obtain and hold employment without discrimination. Courts and...more

Hong Kong Permits Third Party Funding of Arbitration

by Latham & Watkins LLP on

Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and...more

The Importance of Listening

by JAMS on

As a mediator and arbitrator for the last 10 years, I’ve seen my share of communication disconnects, especially in emotionally charged disputes. As someone with a Ph.D. in communications, I understand that the root of these...more

Arbitration and Mediation in Hong Kong: Financial Assistance on the Way

Hong Kong has traditionally been reluctant to allow claimants’ legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute. By virtue of legislation passed earlier this...more

[Webinar] Help from the Dark Side: A Litigator’s Perspective on Commercial Real Estate Issues - June 22nd, 12:00pm CT

by Thompson Coburn LLP on

The presentation will focus on three key legal issues, ADR, Liquidated Damages, and Letter of Intent. These issues should be considered well in advance when contemplating a possible real estate transaction as they can lead...more

Embrace Failure: Get A Good Result in Mediation

by JAMS on

Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before. It was dark as I took my early morning walk with my dog, Red, while...more

Dispute Resolution Alternatives in Latin America

by Zelle LLP on

The Cornell University Law School Legal Information Institute defines “Alternative Dispute Resolution” (ADR) as “any method of resolving disputes other than by litigation”. Arbitration and mediation are the two main forms of...more

Is Mediation Right for Your Dispute?

by PilieroMazza PLLC on

You’ve probably heard that few cases that are filed in court actually are resolved by a trial. Although reported statistics vary, most depict that upwards of 90 percent of litigation results in a pre-trial settlement. These...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Employment Law - February 2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

Expedite your Settlement Using Bracketing

by JAMS on

Give brackets a chance. No seriously, what have you got to lose? Lawyers often groan when the idea of bracketing comes up in mediation. But brackets can fast forward negotiations and avoid energy sucking baby steps when...more

FINRA to Require Web-Based Arbitration Filings

by Burr & Forman on

Effective April 3, 2017, all FINRA arbitration participants (except pro se parties) must use FINRA’s web-based DR-Portal to file and serve documents in both customer and industry arbitrations. ...more

Litigation and enforcement in Japan: overview

by Morrison & Foerster LLP on

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Using ADR to Streamline the Complex Case

by JAMS on

Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a...more

Treating with the Enemy: Civil Collaborative Practice

by Ward and Smith, P.A. on

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong....more

JAMS Global Construction Solutions Newsletter, Summer 2016

by JAMS on

Q&A with Linda Turteltaub, Skanska USA Building - Today, we are talking with Linda Turteltaub, Corporate Counsel, Skanska USA Building. Linda has worked in both construction and as a construction lawyer prior to joining...more

Health Care Matters, Summer 2016

by JAMS on

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest...more

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