New York/Rome – JAMS, The Resolution Experts, today circulated for comment the first-ever international Mediator-in-Reserve policy, which will streamline the transition to mediation for parties involved in arbitration.
The appointment of a Mediator-in-Reserve would allow parties to pre-select a mediator at the beginning of an international arbitration. The mediator would then only be used if at some point during arbitration both parties decide to settle the matter through mediation instead.
“When issues arise that threaten to slow down or derail the arbitration process, parties may decide to save time and money by switching to mediation,” said Jay Welsh, JAMS Executive Vice President and General Counsel. “Appointing a mediator ahead of time will enable those involved to move quickly and efficiently once they decide to mediate.”
Adopting such a policy would also allow the parties to consider mediation without the intervention of the arbitrator. This will ensure the parties do not feel coerced into mediation and will also enable the arbitrator to avoid
ex parte communications with the parties, thereby preserving his or her neutrality if the matter does not settle.
JAMS is seeking public comments on the following proposed policy from now until January 1, 2010. Please email your comments to
Robert Davidson
or
Kimberly Taylor
Proposed Policy
Within one week of the commencement of an international arbitration at JAMS, a suggested list of mediators will be sent to the parties. The parties will be encouraged to select a mediator from the list who shall be placed in reserve during the pendency of the arbitration. The mediator so selected (the “Mediator-in-Reserve”) shall be available to the parties to assist in settlement negotiations in the event that, at any time in the course of the arbitration proceedings, the parties all agree to enlist the mediator’s assistance. There shall be no charge to the parties for the appointment of the Mediator-in-Reserve and the parties shall not incur fees unless and until they choose to utilize the mediator’s services.
The Mediator-in-Reserve shall not be informed of the parties’ selection until and unless the parties decide to request the mediator’s services. The parties will not be bound to use the Mediator-in-Reserve and may, at any time, mutually select another mediator to assist in their settlement discussions.
The arbitrator(s) in the proceeding shall have no knowledge of the identity of the Mediator-in-Reserve, or whether the parties may have engaged her or his services at any point in the arbitration proceedings.
About JAMS, The Resolution ExpertsFounded in 1979, JAMS, The Resolution Experts, is the largest private provider of mediation and arbitration services in the United States. With more than 20 Resolution Centers, JAMS and its 250 full-time, exclusive mediators and arbitrators are responsible for resolving thousands of important cases each year.
Earlier this year, JAMS announced its International ADR Center to provide mediation and arbitration of cross-border disputes and training services worldwide. The JAMS International ADR Center has offices in Rome and New York with additional hearing locations in Geneva, London and Brussels.
JAMS may be reached at 800-352-5267 or www.jamsadr.com.