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  • Article

    Mastering The Art Of Construction Dispute Resolution Clauses

    Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

    A recent survey found that 90% of businesses have made customer experience (CX) their primary focus. While that statistic makes complete sense for most business interactions, one might wonder what bearing does it have on the mediation process?
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    A Pregnant Pause: Using ADR To Resolve Pregnancy-Related Workplace Issues

    A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well.
    United StatesEmployment and HR
    JAMS
    JAMS
  • Article

    Co-Mediation Of Insurance Issues In Bankruptcy Cases

    The coronavirus pandemic has driven many companies into bankruptcy, including well-known names such as Brooks Brothers, Neiman Marcus, J.C. Penney, J. Crew and Hertz.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    JAMS
    JAMS
  • Article

    How Best To Resolve Conflicts In The Health Care Setting

    The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems...
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    "The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

    In an age of entertainment news, compressed narratives and rushed judgments, the late radio broadcaster Paul Harvey offers an unexpected master class for mediators, advocates and decision-makers.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Is It Time To Consider Mediating COVID-19 Related Business Interruption Insurance Claims?

    As of the end of 2020, according to the COVID Coverage Litigation Tracker maintained by the University of Pennsylvania Law School, there were 1,457 pending lawsuits between policyholders...
    United StatesCoronavirus (COVID-19)
    JAMS
    JAMS
  • Article

    Dr. Anton Maurer's Guide To The Minefields Of The Public Policy Exception To The Enforcement Of International Arbitral Awards

    Dr. Anton Maurer's career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India...
    WorldwideLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    JAMS Release Mass Arbitration Procedures Following AAA's Lead

    In recent years, plaintiff-side attorneys have increasingly relied on a strategy of "mass arbitration" to force companies into in terrorem settlements, whereby large numbers of claims are settled quickly...
    United StatesLitigation, Mediation & Arbitration
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

    In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Mediating Divorce Relocation: A Path Worth Considering

    One of the most difficult issues in divorce litigation is the request by one parent to permanently relocate the children a great distance from the other parent.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    2024 Sees Newly Enacted AAA And JAMS Mass Arbitration Rules

    The American Arbitration Association (AAA) and JAMS recently enacted mass arbitration rules as a way to resolve a large number of individual claims.
    United StatesLitigation, Mediation & Arbitration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Everything JAMS - Part 2

    In this two-part podcast, Kwadwo Sarkodie and Charles Harris are joined by JAMS Chief Legal and Operating Officer, Kimberly Taylor, and Director of International Operations, Ranse Howell.
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Civility Signals Strength In ADR

    Over the years, alternative dispute resolution (ADR) has moved from the margins of legal practice to its center. According to the State of ADR 2026 report...
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

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

    Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly...
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Revolutionizing Resolution: The Transformative Impact Of AI On ADR

    In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative dispute resolution (ADR) and suggested that it is possible to move too fast.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Top 5 Takeaways From "Advanced Mediation Strategies For Handling The Toughest Situations"

    In a recent webinar, JAMS mediator and arbitrator Joseph Farina, Retired Judge, Eleventh Judicial Circuit of Florida, shared practical strategies for handling some of the toughest mediation challenges.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    What Arbitrators Actually Think About Your Expert

    Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts—they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS
  • Article

    Ireland Arbitration Day

    In case you missed it: The conference report on the 12th Annual Dublin International Arbitration Day (November 2024) is out now! Read up on the insightful panels focusing on the intersection between arbitration...
    IrelandLitigation, Mediation & Arbitration
    KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
    KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
  • Article

    Foreign Sovereign Immunity In International Construction

    For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS

Showing 61–80 of 525 results

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