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  • Article

    Arbitration Is Meant To Be Expeditious, But Is It Really?

    Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    [PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

    In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Podcast

    How Mediation Styles Can Shape Outcomes: Timing, Cultural Awareness And Preparation (Podcast)

    In this episode of the JAMS podcast, internationally renowned mediators Giuseppe De Palo and Tim Hardy explore how a mediator’s style...
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Discovery Special Masters And Referees: A View From Both Sides

    Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Second Circuit Rules Courts Cannot Compel Employers To Pay Arbitration Fees Under The FAA

    An employer that withholds disputed arbitration fees in a pending arbitration has not "refused" to arbitrate within the meaning of the Federal Arbitration Act (FAA)...
    United StatesEmployment and HR
    Jackson Lewis P.C.
    Jackson Lewis P.C.
  • Article

    Harnessing Innovation To Improve The Quality Of Arbitrator Decision-Making - A Neutral's Perspective On The Evolution Of Resolving Construction Disputes

    For several years, the shuttering effects of a global pandemic have severely hampered the ability of arbitrators and advocates to use direct techniques to try complex commercial arbitration cases.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Embracing Equity: Celebrating International Women's Day - A Look Back And A Look Ahead

    When I think about International Women's Day, the Joni Mitchell song "The Circle Game" often comes to mind.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    The Emotionology Of Arbitration And Mediation

    I coined the term “emotionology,” which is a combination of “emotion” and “psychology.” It describes an applied science that examines how human emotions influence and become part of decision-making and negotiation processes in arbitration and mediation. In these settings, participants are emotional and spiritual beings; the success of the process relies as much on legal frameworks as it does on understanding and managing emotions, relationships and interests.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Bankruptcy Matters: The New Pandemic Wave Is Coming

    Three JAMS neutrals share their perspectives on business interruption and the impact COVID-19 has had on bankruptcy courts.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    JAMS
    JAMS
  • Article

    The IATA And ADR - Challenges And The Path Forward For Disputes In Aviation

    The International Air Transport Authority is a Montreal-based trade organization incorporating 317 airlines from over 120 countries. Its member operations comprise about 82% of available global commercial seat miles.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Ninth Circuit Upholds Mass Arbitration Consolidation

    The Ninth Circuit's recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration.
    United StatesLitigation, Mediation & Arbitration
    Benesch, Friedlander, Coplan & Aronoff LLP
    Benesch, Friedlander, Coplan & Aronoff LLP
  • Article

    English Commercial Court Takes Rare Decision To Refuse Enforcement Of Arbitration Award On Public Policy Grounds In Crypto Case

    The English Commercial Court has refused to enforce a foreign-seated arbitration award on the grounds that to do so would be contrary to public policy.
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Podcast

    JAMS Neutrals On Using Mediation To Navigate The Complexities Of Family Law Disputes (Podcast)

    Judge Dickler and Judge Shields offer their thoughts on the timeline for when to bring in a mediator and the complexities that are often involved in these cases.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Managing Construction Risk Through Contracts, Insurance And Early ADR

    Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Minimizing Construction Delays In Domestic And International Arbitration

    Construction arbitration—particularly in cross-border disputes—can present timing and procedural challenges that require careful planning and active management.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Substantial Completion: Close, But The Case Hasn't Settled

    Not every mediation ends with a settlement at the close of the formal mediation session. But sometimes there is enough progress made to reach "substantial completion": A lot of ground has been covered, the issues have been narrowed and the parties' positions have moved closer.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Podcast

    JAMS Neutrals Discuss How Businesses Can Take Preemptive Action To Address Supply Chain Challenges (Podcast)

    A podcast from JAMS featuring neutrals Barbara A. Reeves, Esq., CEDS, and Katherine Hope Gurun, Esq.,
    United StatesGovernment, Public Sector
    JAMS
    JAMS
  • Podcast

    Construction Mediation Best Practices For Productive Resolution (Podcast)

    In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    AI's Double-Edged Role In Dispute Resolution

    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
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Early Mediation: Is Your Case A Likely Candidate?

    Parties often reject the notion of early mediation because they believe they need more information to resolve the dispute. In some cases, more information is necessary
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS

Showing 121–140 of 525 results

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