11 essential tips to strengthen your final arbitration submission -
Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an…
more
/ Alternative Dispute Resolution (ADR)
The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids unnecessary delays and expenses. However, users of both domestic and international…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
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. The neutrals, who are known as the…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts
Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of the parties. But to fully realize these benefits, flexibility is key. The…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
Common Mistakes Attorneys Should Avoid in Arbitration -
A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law
Have you ever handled a case that was difficult to settle because of a single disputed fact? Party A insists something is black, while Party B argues just as adamantly that it is white. These types of factual disputes often…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
Contractors, design professionals and others in the construction industry are using AI tools in their work more frequently. As artificial intelligence (AI) becomes more widely used in all areas of business and in day-to-day…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Science, Computers, & Technology
Since 2017, when I edited The Roles of Psychology in International Arbitration, articles on psychology have become a standard feature of edited collections on arbitration and in talks on psychology at arbitration conferences…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law
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. This experience has highlighted both the challenges…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Electronic Discovery
While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a few…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, International Law & Trade
What reframing artwork taught me about advocacy, perspective and the power of framing in ADR -
My mother recently moved out of her home of nearly six decades. As you can well imagine, there were many belongings that needed…
more
/ Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Law Practice Products & Services
In this podcast, JAMS neutrals Tracy W. McCormack, Esq., and Karl Bayer discuss how the legal and business needs have evolved in Austin, Texas, as it remains one of the fastest growing cities in the country. To set the stage,…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Science, Computers, & Technology
New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation…
more
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade
Business disputes can be disruptive and very expensive. Whether choosing a new partner, considering a merger or guiding a client as they start or grow a business, there are many things you can do to prevent problems. As a former…
more
/ Alternative Dispute Resolution (ADR), Business Organizations, Law Practice Products & Services
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
/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Science, Computers, & Technology