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ADR Clauses, Rules, and Procedures
In a continuing effort to provide our clients with the highest quality dispute resolution services, JAMS has updated its Comprehensive, Employment, and Streamlined Rules and Procedures, making minor technical corrections and expanding them in the following manner:
- Clarified requirements for submitting Demand for Arbitration and clarified the definition of “Arbitration commencement” in relation to any statute of limitations. (Comprehensive Rule 5; Employment Rule 5; Streamlined Rule 5.)
- Expanded the procedures by which arbitrations may be consolidated. (Comprehensive Rule 6(e); Employment Rule 6(e); Streamlined Rule 6(e).)
- Modified Employment Arbitration Rules and Procedures to include procedures for tripartite panels. (New Employment Rule 7; Employment Rule 15(b).)
- Added electronic transmission as an additional means of service. (Comprehensive Rule 8; New Employment Rule 8; Streamlined Rule 5(d).)
- Removed the specific authority of JAMS to determine the venue of an arbitration. (Comprehensive Rule 11(d); Employment Rule 11(d); Streamlined Rule 8(d).)
- Granted JAMS the authority to amend the names on a strike list for reasonable cause. (Comprehensive Rule 15(b); Employment Rule 15(b); Streamlined Rule 12(c).)
- Added a requirement that parties give notice to JAMS when there is any change in representation. (Comprehensive Rule 12(b); Employment Rule 12(b); Streamlined Rule 9(b).)
- With respect to disclosures regarding a selected Arbitrator, added a provision that permits such disclosures to be transmitted electronically, unless a hard-copy is requested by a Party. (Comprehensive Rule 15(h); Employment Rule 15(h); Streamlined Rule 12(i).)
- Added language to permit the Arbitrator to conduct a hearing in any location in order to hear a third party witness or for the convenience of the parties or witnesses, and to permit the Arbitrator to designate a hearing location for purposes of issuance of a subpoena to a third person, unless the parties’ agreement specifies a mandatory hearing location. (Comprehensive Rule 21; Employment Rule 21; Streamlined Rule 16.)
- With respect to Final Awards and Partial Final Awards, clarified language regarding time limits for delivering Awards, the legal standard to be followed by the Arbitrator, and clarified guidelines for allocation of fees. (Comprehensive Rule 24; Employment Rule 24; Streamlined Rule 19.)
- Clarified that parties are responsible for the payment of Arbitrator compensation as well as arbitration fees and expenses. (Comprehensive Rule 31(c); Employment Rule 31(c); Streamlined Rule 26(c).)
Click links below to browse ADR clauses, mediation and arbitration rules, and procedures.
ADR Clauses
Comprehensive Arbitration Rules
Streamlined Arbitration Rules
Employment Arbitration Guide
Sample Employment Clause Language
Minimum Standards of Procedural Fairness
Employment Arbitration Rules
Consumer Arbitration Minimum Standards
Class Action Procedures
Construction Arbitration Rules
International Mediation Rules
International Arbitration Rules
Optional Appeal Procedure
Download All Rules
Rules Archive
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