JAMS (alternative dispute resolution)
JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. is a United States-based for-profit organization of alternative dispute resolution services, including mediation and arbitration.:297 H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. A 1994 merger with Endispute of Washington, D.C. made JAMS into the largest private arbitration and mediation service in the country. It is one of the major arbitration administration organizations in the United States.[nb 1] As of 2014, JAMS has 28 resolution centers, including its headquarters in Irvine, California and centers in Toronto and London.
JAMS administers a few hundred consumer arbitration cases per year.:99 JAMS's Consumer Minimum Standards have been the subject of scholarly commentary.:1407–08:305–06 A policy promulgated by JAMS in 2004 that would have allowed for class arbitrations, even if the arbitration agreement did not allow them, and the subsequent retraction of that policy, were also the subject of controversy.
JAMS handles complex mediation, arbitration, neutral evaluations, settlement conference, Mini Trials, Summary Jury Trials, Neutral Fact Findings, Special Master, Discovery Referees, Class Action Settlement Adjudications and Dispute board (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.
JAMS and ADR Center in Italy announced an agreement to form JAMS International and provide mediation and international arbitration of cross-border and domestic 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.
In the interest of promoting the use of ADR to resolve disputes, JAMS panelists conduct complimentary Continuing Legal Education programs for attorneys at law firms, bar associations, legal and business organizations.
JAMS established the JAMS Foundation to offer financial assistance for conflict resolution initiatives with national or international impact and to share its dispute resolution 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 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 processes and practices and to pursue a project of their own to advance dispute resolution 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.
- A 2008 BusinessWeek article described JAMS and the American Arbitration Association as the main competitors of the National Arbitration Forum in the field of arbitration. The Consumer Financial Protection Bureau's preliminary study on arbitration stated that there was consensus that JAMS and the American Arbitration Association were the leading arbitration administration organizations in the United States.:60
- "About the JAMS Name". JAMS. Retrieved 2014-04-07.
- Berner, Robert; Grow, Brian (2008-06-04). "Banks vs. Consumers (Guess Who Wins)". Businessweek. Bloomberg. Retrieved 17 January 2014.
- Drahozal, Christopher R.; Zyontz, Samantha (Winter 2012). "Private Regulation of Consumer Arbitration". Tennessee Law Review 79 (2): 289–352.
- "Hon H. Warren Knight (Ret.), Founder". JAMS. Retrieved 6 April 2014.
- Gomez, James M. (May 25, 1994). "Mediation Succeeds, There's No Argument: Negotiating: JAMS of Orange uses retired judges to help disputants settle cases out of court, saving fees, time, trouble.". Los Angeles Times. Retrieved 2014-04-07.
- Consumer Financial Protection Bureau (2013-12-12). "Arbitration Study Preliminary Results: Section 1028(a) Study Results To Date". Retrieved 12 December 2013.
- "JAMS Resolution Centers". JAMS. Retrieved 6 April 2014.
- Sternlight, Jean R. (2012). "Mandatory Binding Arbitration Clauses Prevent Consumers from Presenting Procedurally Difficult Claims". Southwestern Law Review 42: 87–129.
- Kaplinsky, Alan S.; Levin, Mark J. (May 1999). "Consumer Financial Services Arbitration: Last Year's Trend Has Become this Year's Mainstay". The Business Lawyer 54 (3): 1405–1418.
- Kaplinsky, Alan S.; Levin, Mark J. (February 2006). "Is JAMS in a Jam Over Its Policy Regarding Class Action Waivers in Consumer Arbitration Agreements?". The Business Lawyer 61 (2): 923–929.
- Gilles, Myriam (December 2005). "Opting Out of Liability: The Forthcoming, Near-Total Demise of the Modern Class Action". Michigan Law Review 104: 373–430 . Retrieved 2 March 2013.