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Arbitration Arbitrators 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 -
JAMS

[PODCAST] Trial Tested: Douglas R. Young on His Legal Philosophy and the Qualities He Brings to ADR

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JAMS neutral Douglas R. Young recently appeared on “Trial Tested,” an award-winning podcast produced by the American College of Trial Lawyers and hosted by Renée Rothauge. The series highlights the stories, philosophies and...more

JAMS

[PODCAST] JAMS CEO Kim Taylor Joins Cup of Justice Podcast to Discuss Mediation and Arbitration

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Kimberly Taylor, CEO and President of JAMS, recently appeared on the Cup of Justice podcast, hosted by investigative journalist Mandy Matney and attorney Eric Bland. Known for its candid conversations and exploration of the...more

JAMS

When Arbitration Is Required, Should You Still Try Mediation First?

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In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals....more

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution for Commercial Contracts

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Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may...more

JAMS

What Honeybees Have Taught Me About Dispute Resolution

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From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...more

JAMS

Arbitration Essentials: How to Initiate and Navigate an International Arbitration, Part 2: Hearings

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Rules and Procedures: Hearings - JAMS provides a comprehensive spectrum of conflict prevention and dispute resolution services to meet the unique needs of today’s global business environment. Those services include...more

Miles Mediation & Arbitration

Navigating Family Disputes: The Power of Arbitration

In today’s increasingly complex legal landscape, finding efficient ways to resolve family disputes has become paramount. While traditional litigation remains an option, alternative dispute resolution (ADR) methods like...more

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Bradley Arant Boult Cummings LLP

Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

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Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more

Miles Mediation & Arbitration

Do We Have an Agreement? Don’t Forget the Terms!

A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more

Miles Mediation & Arbitration

Walking a Minute in Your Adversary’s Shoes: Addressing The Issue of “Naïve Realism” at Mediation

By Glenn Hutchison and David Matthews   Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more

JAMS

AI’s Double-Edged Role in Dispute Resolution

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Recently practitioners, scholars and enthusiasts of alternative dispute resolution gathered—virtually and in person—at a JAMS Resolution Center to examine one of the most pressing and intriguing questions in the field: What...more

JAMS

[PODCAST] Hon. Nancy Holtz (Ret.) Discusses Timing Strategies in Construction Mediations on ABA Podcast

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In episode 40 of the ABA Construction Law Today podcast, Hon. Nancy Holtz (Ret.), a Boston-based JAMS neutral, explores the critical role of timing in achieving optimal outcomes during construction mediations. Drawing on her...more

JAMS

[PODCAST] Staying Ahead of the Curve With AI-Related Disputes: Tailored Approaches in a Rapidly Evolving Legal Environment

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In this podcast, JAMS neutrals Hon. Jackson Lucky (Ret.); Dr. Ryan Abbott, M.D., Esq., FCIArb.; and Daniel B. Garrie, Esq., discuss how the future of legal disputes is evolving in response to advancing artificial intelligence...more

DLA Piper

Saudi Arabia and International Arbitration: Modern and Ambitious

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The growth of new centers of international arbitration in areas of the world not historically associated with this form of cross-border dispute resolution has been a key trend in the evolution of international arbitration...more

EDRM - Electronic Discovery Reference Model

Pioneering Dispute Resolution: The New JAMS AI Rules

As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system...more

Miles Mediation & Arbitration

Bridge the Communication Gap: The Benefits of Having (and Being) a Bilingual Mediator

According to the U.S. Census, the number of people in this country who speak a language other than English at home has tripled in the last four decades. Now nearly 70 million people speak a language other than English at...more

Cozen O'Connor

Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation

Cozen O'Connor on

Michael Schmidt is joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to...more

Segal McCambridge

TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR

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In this episode of the TortsCenter Podcast, hosts Carla Varriale-Barker and Courtney Dunn talk with independent arbitrator and mediator Danielle Menitove about the world of sports arbitration. As co-chairs of the NYSBA’s...more

IR Global

AI: Inevitable, but limited

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How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

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Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

JAMS

Five Tips for Making Better Use of Outside Counsel and Mediators

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Having served as a mediator for over 30 years, I have observed in-house counsel trying, with varying success, to manage outside counsel and others in the mediation process, including the neutral. Optimal results in mediation...more

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