JAMS (alternative dispute resolution)
Encyclopedia
JAMS, based in Irvine, California
Irvine, California
Irvine is a suburban incorporated city in Orange County, California, United States. It is a planned city, mainly developed by the Irvine Company since the 1960s. Formally incorporated on December 28, 1971, the city has a population of 212,375 as of the 2010 census. However, the California...

, is one of the largest providers of alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...

 services in the world. Alternative dispute resolution is usually considered to be an alternative to litigation. The rising popularity of ADR can be attributed to the increasing caseload of traditional courts, the perception that ADR costs less than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.

Founded by Hon. H. Warren Knight (Ret.) in 1979 under the former name Judicial Arbitration and Mediation Services, Inc., JAMS has grown rapidly through mergers with several other similar companies, and at present now goes simply by its former acronym. It currently features a panel of more than 270 neutrals, consisting largely of retired judges and attorneys.

ADR services

JAMS handles complex mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...

, arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...

, neutral evaluations, settlement conference
Settlement conference
A settlement conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial. Such a conference may be initiated through either party, usually by the conveyance of a settlement...

, Mini Trials, Summary Jury Trials, Neutral Fact Findings, Special Master
Special master
In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...

, Discovery Referees, Class Action Settlement Adjudications and Dispute board
Dispute board
A dispute board or dispute review board or dispute adjudication board is a 'job-site' dispute adjudication process, typically comprising three independent and impartial persons selected by the contracting parties...

 (DRB) services. Areas include Business/Commercial (Antitrust, Bankruptcy, Breach of Contract, Franchise, High-Tech/Software, Partnership Disputes, Sarbanes-Oxley, Securities, Telecommunications, and Utilities/Electric and Nuclear Power/Oil & Gas), Civil Rights, Class Action, Construction Defect & Delay, E-Discovery, Employment (ERISA, Wage & Hour Division/FLSA, Harassment, Retaliation, and Discrimination based on Disabilities/ADA, Race, Religion, National Origin, Gender/Sex), Environmental, Family Law, Healthcare, Insurance Intellectual Property (Copyright, Patent, Trademark, and Trade Secret), Landlord/Tenant, Professional Liability/Malpractice (Accounting, Architectural, Dental, Directors & Officers/D&O, Legal and Medical), Mass Tort, Partnership Disputes, Personal Injury, Product Liability, Real Estate, Toxic Tort and Trusts & Estates.

International scope

JAMS and ADR Center in Italy announced an agreement to form JAMS International and provide mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...

 and international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...

 of cross-border disputes and ADR services worldwide. JAMS International is headquartered in London with additional locations in the EU plus a network of partners, including JAMS in the United States, ADR Center in Italy and Result ADR in the Netherlands.

Notable arbitrations and mediations

  • Pending dispute between Charlie Sheen
    Charlie Sheen
    Carlos Irwin Estevez , better known by his stage name Charlie Sheen, is an American film and television actor. He is the youngest son of actor Martin Sheen....

     and Warner Bros.
    Warner Bros.
    Warner Bros. Entertainment, Inc., also known as Warner Bros. Pictures or simply Warner Bros. , is an American producer of film and television entertainment.One of the major film studios, it is a subsidiary of Time Warner, with its headquarters in Burbank,...

     over the latter's termination of Sheen from Two and a Half Men
    Two and a Half Men
    Two and a Half Men is an American television sitcom that premiered on CBS on September 22, 2003. Starring Charlie Sheen, Jon Cryer, and Angus T. Jones, the show was originally about a hedonistic jingle writer, Charlie Harper; his uptight brother, Alan; and Alan's growing son, Jake...

    .

CLE programs

In the interest of promoting the use of ADR to resolve disputes, JAMS panelists conduct complimentary Continuing Legal Education
Continuing Legal Education
Continuing legal education is professional education of lawyers that takes place after their initial admission to the bar. In many states in the United States, CLE participation is required of attorneys to maintain their license to practice law...

 programs for attorneys at law firms, bar associations, legal and business organizations.

JAMS Foundation

JAMS established the JAMS Foundation to offer financial assistance for conflict resolution
Conflict resolution
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of some social conflict. Often, committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest...

 initiatives with national or international impact and to share its dispute resolution
Dispute resolution
Dispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...

 experience and expertise for the benefit of the public interest. Funded entirely by contributions from JAMS neutrals and staff, the JAMS Foundation has provided nearly $3 million in grants for conflict resolution
Conflict resolution
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of some social conflict. Often, committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest...

 initiatives. The JAMS Foundation also established the Weinstein International Fellowship Program to provide opportunities for individuals from outside the United States to visit the U.S. and learn more about dispute resolution
Dispute resolution
Dispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...

 processes and practices and to pursue a project of their own to advance dispute resolution
Dispute resolution
Dispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...

in their home countries. The Foundation, through the Warren Knight Award, has awarded $25,000 grants to programs dedicated to resolving conflict both in the US and around the world.

External links

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