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A. JAMS and its panelists generally accept assignments to perform neutral dispute resolution services.

B. JAMS panelists may accept certain other types of services under the aegis of JAMS. These assignments include:

1) Consulting or advising on dispute resolution issues, including the design of dispute resolution systems or procedures;

2) Providing neutral evaluation advisory opinions regarding the potential outcome of an appeal or a litigation;

3) Presiding at a mock trial, mock arbitration hearing, or mock mediation conducted by one party to a dispute;

4) Serving as a party-appointed non-neutral arbitrator, provided that the non-neutral arbitrator complies with the provisions of Section X of the JAMS Ethics Guidelines for Arbitrators (Section X is titled "Ethical Guidelines Applicable to Non-Neutral Arbitrators");

5) Providing an expert opinion, in oral or written form, on a topic related to dispute resolution, except that a panelist may not, under the auspices of JAMS, opine in support of or in opposition to an effort to recuse an arbitrator or mediator;

6) Providing training on topics related to dispute resolution; and

7) Serving as a provisional director.

C. The following consulting or advisory work is not to be conducted under the auspices of JAMS:

1) Providing strategic advice to one party to a dispute regarding effective advocacy or representation in a particular mediation or arbitration or series of mediations or arbitrations, if this function is the sole purpose of the retention;

2) Providing strategic advice to one party to a dispute regarding settlement negotiations in that dispute, if this function is the sole purpose of the retention; and

3) Providing expert testimony on any issue other than a dispute resolution-related topic pursuant to B (5) above. JAMS panelists are discouraged from testifying as an expert in a legal malpractice action.

Even though the services described in this paragraph are not to be conducted under the auspices of JAMS, a panelist must provide advance notice to JAMS of acceptance of such an engagement and identify parties for whom the service will be rendered. Panelists who also practice law in law firms are not required to notify JAMS when they are retained for Section C services by clients of those law firms.

D. A panelist who undertakes any of the activities set forth in Sections B or C above, and is later retained to provide neutral services in a matter involving a party for whom services under Sections B or C were provided, must make disclosures pursuant to the JAMS Ethics Guidelines for Mediators and Ethics Guidelines for Arbitrators.

E. A panelist who is retained to provide Section B or C services must inform the retaining party that the engagement may be disclosed if (i) the panelist is subsequently retained to provide neutral services in a different matter involving the party for whom the panelist has provided Section B or C services, or (ii) another JAMS panelist is selected to provide neutral services in the matter for which the Section B or C service was provided.

F. The term "party" as used herein means both the client and the client's counsel.

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For more information, please call your local JAMS office at 1-800-352-5267.




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