JAMS (Judicial Arbitration and Mediation Services) is a well-known private arbitration provider that provides dispute resolution services to individuals and businesses worldwide. JAMS arbitration is an alternative to traditional litigation, and it offers a more flexible, streamlined, and cost-effective approach to resolving disputes. In this article, we will provide you with a comprehensive guide to understanding the JAMS arbitration process, step by step.

Step 1: Initiating The JAMS Arbitration Process

The first step in the JAMS arbitration process is initiating the arbitration. To initiate the process, the party who wishes to file a claim must first contact JAMS to request a copy of their arbitration rules and to learn about the arbitration process. Once the party has received the rules, they must complete and submit a notice of arbitration to JAMS, along with the appropriate filing fee.

Step 2: Selecting The Arbitrator

Once the notice of arbitration has been received, JAMS will provide the parties with a list of qualified arbitrators to choose from. The parties will then have the opportunity to review the arbitrator’s credentials and select the individual they feel is best suited to their case. If the parties cannot agree on an arbitrator, JAMS will select an arbitrator for them.

Step 3: Preliminary Conference

After an arbitrator has been selected, the parties will participate in a preliminary conference with the arbitrator to discuss procedural matters, such as the discovery process, deadlines, and the hearing schedule. During the preliminary conference, the parties may also discuss the possibility of settlement.

Step 4: Discovery

Discovery is the process by which the parties obtain information about each other’s claims and defenses. In JAMS arbitration, the parties have a limited discovery period, which is typically 60 days. During this time, the parties may request documents and other evidence from each other, as well as take depositions of witnesses.

Step 5: Prehearing Briefs

Prior to the arbitration hearing, the parties may submit prehearing briefs to the arbitrator outlining their legal arguments and the evidence they plan to present at the hearing.

Step 6: The Arbitration Hearing

The arbitration hearing is similar to a trial, in that witnesses are called to testify and evidence is presented to the arbitrator. However, the hearing is less formal and less complex than a trial, and there is no jury. The arbitrator is the decision-maker, and he or she will listen to the evidence presented by both parties before rendering a final decision.

Step 7: The Arbitration Award

After the hearing is concluded, the arbitrator will render an arbitration award, which is a written decision that sets forth the arbitrator’s findings of fact and conclusions of law. The award is typically issued within 30 days of the hearing.

Step 8: Enforcement

Once the award has been issued, the parties are legally bound to abide by it. If one party fails to comply with the award, the other party may seek enforcement in court.

In conclusion, the JAMS arbitration process is an effective way to resolve disputes without the need for lengthy and costly litigation. By following these steps, parties can ensure that their disputes are resolved efficiently and fairly through the JAMS arbitration process.