Business Recovery: Getting Back to Business

As the world’s largest private ADR provider, JAMS administers an average of 18,000 cases in person and online every year. Our panel of more than 400 neutrals includes retired state and federal court judges and attorneys with diverse backgrounds, business acumen and deep, industry-specific expertise. Their knowledge of the structure, dynamics and commercial practices of a wide range of economic sectors allows them to distill conflicts to their core elements and build credibility with all parties.

Our commitment to innovation has allowed us to respond aggressively to business interruption resulting from COVID-19-related issues and focus on business recovery. JAMS neutrals have long used videoconferencing to handle disputes of all sizes, and we’ve successfully resolved thousands of cases remotely during the pandemic. Whether a session is being conducted in person or virtually, our experienced neutrals are adept at facilitating negotiations and managing the resolution process.

JAMS offers mediation, arbitration and other flexible, efficient ADR options to address conflict at any stage.

Bankruptcy

• Out-of-court restructurings and workouts
• Chapter 11 and Chapter 9 reorganization plans
• Adversary proceedings brought by estate representatives, including Chapter 7 trustees, Chapter 11 trustees and post-confirmation plan trustees
• Valuation disputes (assets and businesses)
• Validity and priority of claims
• Fraudulent and preferential transfers
• Examiner appointments

Contracts

• Breaches of contract and force majeure clauses
• Doctrine of impossibility of performance
• Supply chain disruptions
• Event cancellations and refunds
• Paid subscription, membership and season pass class actions

Employment

• Sexual harassment
• Sexual assault
• Pregnancy discrimination
• Remote working arrangements
• Age discrimination
• Reductions-in-force
• Worker Adjustment and Retraining Notification Act (WARN Act)
• California (Private Attorneys General Act) (PAGA)
• Fair Employment and Housing Act (FEHA) 
• Whistleblower, retaliation and wrongful discharge
• Unsafe working conditions
• Disability discrimination
• Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA)
• Wage and hour
• (WARN Act) and COBRA

Health Care

• Healthcare workforce and staffing shortages
• Diminished health system/hospital revenues and impacts of same on provider networks and compensation
• Mergers and acquisitions and dispositions
• Employment disputes
• Malpractice and wrongful death cases
• Telehealth-related contractual and privacy disputes
• Doctor buy-outs/sell-outs
• Provider-payor disputes
• Limited liability issues

Insurance

• Contingent business interruption
• Errors and omissions liability
• Business interruption
• Commercial general liability
• Event cancellation
• Civil authority
• Directors and officers liability
• Class actions against insurers
• Allocation of loss among insurers

Real Estate

• Landlord and distressed tenant lease workouts
  • Loss of rent claims
• Unlawful detainers and evictions
• Construction financing and subcontractor nonpayment issues
• Breach of real estate sales contracts
  • Appraisal and valuation issues
• Construction delays and force majeure clauses
• Delays in repairs, material supplies in high demand and supply chain issues (needed parts, raw materials and building supplies)
• Homeowners’ association and condo board disputes
• Fair Housing Act disputes