JAMS Guidelines for Use of Clerks and Tribunal Secretaries in Arbitrations
JAMS arbitrators may use Clerks or Secretaries under the following guidelines:
- The Tribunal's use of Clerks or Secretaries must be approved by the parties after disclosure. Clerks or Secretaries must complete a separate conflicts disclosure form which will be provided by JAMS and made available to the parties.
- The arbitrator should explicitly disclose with other initial disclosures or as early as practicable in the fee agreement, fee schedule, engagement letter, scheduling order or other writing, that he or she intends to use a Clerk or Secretary or that it is the practice of the arbitrator to regularly use such assistance.
- The arbitrator's disclosure regarding the use of a Clerk or Secretary will state the types of tasks assigned to the Clerk or Secretary, e.g., research and/or drafting. At no time can a Clerk or Secretary engage in deliberations or decision-making on behalf of an arbitrator or tribunal.
- If a Clerk or Secretary is to be billed to the parties, that must be stated in the disclosure or fee agreement, including the amount that clients will be billed for Clerk or Secretary time.