JAMS Mediator-in-Reserve Policy for International Arbitrations
Download Mediator-in-Reserve Policy in PDF format
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.