Keep Your Case Moving with a Temporary Judge or Referee
For attorneys looking for a fast, cost-effective ADR process, consider utilizing the expertise of JAMS panelists as general, special or discovery referees, or as temporary judges. To help you get started, please find below clause and stipulation forms from The Rutter Group.
- ADR Clause - Submission of Disputes to Referee
- Stipulation for General Reference Order
- Stipulation and Order for General Reference
- Notice of Motion for Appointment of Referee for Discovery Purposes
- Stipulation for Appointment
Parties select the decision-maker and determine the capacity in which he or she will serve, from deciding discrete issues to managing discovery, holding a full bench trial and handling post-settlement allocation. Parties may also choose whether the process is binding or recommended.
Our neutrals can offer early, reliable hearing dates and are readily accessible to quickly review briefs and hear motions.
Full procedural rights
Temporary judges and referees operate under established rules of evidence and the right of appeal is preserved.
Our retired judges and attorney-neutrals have decades of trial and ADR experience in virtually every practice area—and they're supported by unmatched case management and a network of convenient, spacious hearing facilities.
Include a clause in your contracts or file a stipulation with the court providing for a JAMS neutral to serve as a temporary judge (Cal. Const. Art. 6, § 21) or as a consensual or all-purpose referee (CCP § 638). Parties typically retain a temporary judge to decide the entire dispute, but they may also choose a temporary judge or referee from JAMS to make determinations on discrete issues.
Law and Motion
JAMS neutrals have issued law and motion rulings in thousands of cases ranging from two-party disputes to complex multi-party matters and class actions, including:
- motion for summary judgment
- motion in limine
- motion to dismiss
- motion to compel
- motion for class certification
- motion for approval of settlement terms and agreement
- motion for attorneys' fees and costs
Discovery and E-Discovery
Our panel features knowledgeable discovery referees with vast subject matter expertise, including e-discovery and technology. JAMS referees devise and manage discovery plans and supervise ongoing issues, including monitoring depositions and resolving discovery disputes. Our e-discovery referees determine what electronically-stored information (ESI) is reasonably accessible or recoverable and rule on questions such as search parameters, native formats, disclosure of meta data and determinations about technology assisted review (TAR).
Trial and Settlement
As temporary judges appointed under all-purpose references, JAMS neutrals handle all aspects of a case, from pre-trial rulings to full bench trials. Under consensual references, they act as liaisons between the parties and the court and apply their expertise to a wide range of discrete issues, including:
- reviewing and summarizing expert witness reports
- acting as coordinating masters to drive uniformity and efficiency in cases that are pending in both state and federal courts
- analyzing and allocating damages, in consultation with each party's economic experts
- determining attorneys' fee splits, applicability of interest, expert fees
- serving as settlement referees to drive a global settlement in large, complex, multi-party disputes
JAMS referees have an extensive track record of post-settlement adjudication/allocation and frequently handle matters including:
- collaborating with attorneys, courts and claims administrators to design and implement efficient settlement plans
- administering and allocating private, court-ordered and government settlement funds for claims both large and small
- serving as settlement compliance dispute officers to resolve disputes arising out of class action settlement agreements
JAMS appellate referees can review an initial evidentiary record and recommend a final decision in an appellate hearing.
View a copy of JAMS CLE Menu, which features programs on the use of special masters and discovery referees, or contact us to customize a CLE on the use of court references and temporary judges.