Lisa Jaye

Lisa Jaye Esq.

JAMS Mediator, Arbitrator, Referee/Special Master, Hearing Officer

Case Manager
Patricia Usak
T: 415-774-2616
F: 415-982-5287
Two Embarcadero Center, Suite 1500, San Francisco, CA 94111


Lisa Jaye, Esq. joined JAMS with more than 20 years of experience as a mediator handling everything from straightforward, two-party disputes to complex, multi-party, high-value matters. Lauded by attorneys for her high emotional intelligence as well as her knowledge of the law, Ms. Jaye is exceptionally skilled at helping parties achieve settlement.

After over a decade as a trial lawyer, Ms. Jaye began honing her mediation skill while mediating exclusively for the Ninth Circuit Court of Appeals, handling cases from Alaska to Arizona and Guam to Montana before starting her own private mediation practice. She has experience mediating state and federal matters at the trial and appellate levels and has resolved cases in a variety of practice areas, including appellate, business/commercial, employment, insurance, personal injury and professional liability. Ms. Jaye is able to build trust among all the stakeholders, facilitating discussions to help resolve even the most challenging of disputes.

Since joining JAMS, Ms. Jaye also arbitrates employment, business and insurance disputes, serves as a special master, and sits as a hearing officer in Title IX administrative proceedings.

ADR Experience and Qualifications

  • Routinely mediates employment, business, insurance, property and personal injury disputes
  • Initiated and conducted global settlement negotiations in federal civil appellate disputes and related federal, state, bankruptcy, workers’ compensation and administrative proceedings
  • Settled over 1,000 appeals, including, but not limited to, constitutional, civil rights, bankruptcy, employment, ERISA, intellectual property, commercial, tax, personal injury, insurance, environmental, tribal and agency matters
  • Routinely selected to mediate appeals and attorney fee disputes referred by judicial panels after oral argument
  • Federal Energy Regulatory Commission Refund Proceedings: Co-mediated over 350 petitions, involving over 80 parties and 125 lead attorneys, seeking refunds arising from the 2000–2001 energy crisis in California and the Pacific Northwest involving claims that Enron and other sellers manipulated the energy markets; total settlements exceeded $8 billion

Representative Matters


  • Mediated thousands of cases on appeal
  • In-depth understanding of standards of review, procedural processes within the appellate courts and reversal rates


  • Mediated over fifty remediation matters involving a banking institution and customers alleging loan or account handling errors 
  • Extensive experience resolving disputes over partnership and franchise agreements, with accounting issues (e.g., litigation mediated in Delaware over the dissolution of companies that bottle and distribute coconut water internationally; involved hard and soft IP, classes of stock and accounting issues)
  • Mediated and settled cases involving breach of contract for nonconforming goods, from aircraft to hay bales

Civil Rights 

  • Mediated civil rights cases, including 1983 actions
  • Successfully mediated wrongful conviction cases, including settling the highly publicized $21 million settlement of a man in Southern California who was wrongfully convicted and incarcerated for 39 years


  • Settled a case brought by a college dean against a university alleging discrimination, harassment, retaliation and defamation
  • Extensive experience mediating and resolving employment disputes involving:
    • Discrimination (race, gender, age, disability and national origin); accommodation; wrongful termination; retaliation; sexual harassment; whistleblower; and labor code violations
    • Breach of contract, including executive compensation, stock options and other benefits, and non-compete agreements, including trade secret violations
  • Routinely handles attendant coverage, when applicable
  • Co-mediated and settled a complicated trust and estates case among family members


  • Extensive experience mediating and settling disputes involving:
    • Insurance coverage
    • Bad faith
    • Subrogation and contribution claims

Intellectual Property

  • Extensive experience mediating and resolving disputes involving ownership and infringement of copyrights, trademarks, trade dress and patents, such as:
    • Litigation over rightful ownership and alleging infringement of copyrights, patents and trademarks involving contour facial visual effects technology used in blockbuster and Academy Award–winning movies
    • Case alleging infringement of trademark and trade dress involving internationally distributed bottled water
    • Case against tribute bands alleging trademark infringement and seeking damages and injunctive relief for use of “The Platters” mark
    • Case involving ownership of copyrighted software
    • Cases by worldwide retailer alleging counterfeiting and trademark infringement of luxury goods
    • Dispute over trademark and trade dress involving religious novena candles

Personal Injury

  • Extensive experience mediating to resolution matters involving:
    • Wrongful death 
    • Serious injuries, such as:
      • Spinal cord injuries             
      • Brain injuries
      • Amputations
  • Has mediated and settled numerous cases involving truck, car, motorcycle and all-terrain vehicle accidents resulting in serious personal injuries

Professional Liability

  • Has successfully mediated and resolved malpractice claims against legal, medical (doctors, dentists), and design professionals (architects, engineers)

Title IX

  • Routinely retained to serve as a hearing officer in Title IX matters. Has handled numerous administrative hearings involving allegations of sexual misconduct, sexual harassment, and dating violence 

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Selected Lectures and Publications

  • Moderator, The Growing Trigger Dispute for Civil Rights Claims, Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 2019
  • Panelist, Negotiating the Contractual and Bad Faith Insurance Dispute, 23rd Annual Northwest Dispute Resolution Conference, Seattle, Washington, March 2017
  • Speaker, Presentation of the Edward J. Devitt Distinguished Service to Justice Award, Supreme Court of the United States, Washington, D.C., November 2015
  • Panelist, Recent Developments in Arbitration and Mediation Law, Orange County Bar Association Alternative Dispute Resolution Section, Newport Beach, California, May 2015
  • Panelist, Mediation Trends, ABA Law Students Conference, University of California, Berkeley, October 2009
  • Author, Mediation in the Ninth Circuit Court of Appeals, The Justice System Journal, Vol. 26, Number 3, at 351 (2005)
  • Panelist, Alternative Dispute Resolution Discussion, Ninth Circuit Judicial Conference, Big Sky, Montana, July 2001

Selected Professional Activities and Awards

  • Adjunct Professor, Business Law, St. Mary’s College, Winter–Spring 2018
  • Co-chair, Corporate Counsel Subcommittee, ABA Section of Dispute Resolution, 2018
  • The Robert F. Peckham Award, Ninth Circuit Judicial Conference, awarded for excellence in alternative dispute resolution, 2014 (one of nine recipients)
  • Commendation for outstanding service to the District Court of Arizona during judicial emergency, United States Court of Appeals for the Ninth Circuit, 2011
  • Honorary Award for Excellence in Mediation Service, United States Court of Appeals for the Ninth Circuit, 1999

Selected Mediation Trainings

  • Workshop for Circuit Mediators; Federal Judicial Center; Santa Fe, 2015; Philadelphia, 2013; San Diego, 2011; New Orleans, 2009; Park City, 2007; Charleston, 2006; San Francisco, 2003; and Atlanta, 2001
  • Advanced Mediation Workshop, Program of Instruction for Lawyers, Harvard Law School, Cambridge Massachusetts, June 2001
  • Fundamentals of Mediation, Gary Friedman, Center for Mediation in Law, Mill Valley, California, September 1998
  • Mediation Skills and Settlement Conference Advocacy, Pepperdine University School of Law, Malibu, California, July 1998
  • Commercial Mediation, Appropriate Dispute Resolution Applications, Inc. in association with the Bar Association of San Francisco, San Mateo, California, March 1996
  • Principal, Jaye & Associates, Inc., 2016–2018
  • Circuit Mediator, United States Court of Appeals of the Ninth Circuit, 1998–2016
  • Equity Partner, Hancock, Rothert & Bunshoft LLP (now Duane Morris LLP), 1986–1998
  • J.D., Georgetown University Law Center, 1985
  • Clerk, General Counsel to the House of Representatives, 1984
  • Executive Editor, American Criminal Law Review, Georgetown University Law Center, 1983–1984
  • B.A., Georgetown University, 1982

Counsel Comments

    • "A great mediator finishes the job, and your doggedness… grounding this thing out at the end, it was totally outstanding…I think that you did an excellent job with a really tough crowd.”

      – Sacramento Attorney
    • “Lisa is an astute judge of character who uses her EQ and her IQ to find innovative solutions, knowing when to bring pressure to bear and when to let up in a mediation...Her unfailingly calm and polite manner puts people at ease and allows the trust to build which is essential to achieving a settlement. I believe that without her astute guidance, hard work and disciplined assistance a fair settlement would not have been achieved.”

      – Chief Legal Officer, Canadian Company
    • “I acted on behalf of the agency for substantive and technical expertise. Lisa successfully led the mediation process and structured the discussions, easily putting all of the fractious parties at ease, who despite a history of attempted settlements, had previously been unable to reach common ground. She is the ultimate professional in every way and in a relative short period of time, not only led the mediation procedural process, but mastered the substantive and technical aspects, making my role no longer necessary. The results of these mediations—i.e., settlements valued at hundreds of millions of dollars and concluding litigation that would have lasted many more years—speak volumes about her superb mediation skills and abilities."

      – Deputy Director of a Federal Agency
    • “[Lisa] took the case as far as she could. The case didn’t settle but she pushed, pulled, shoved, cajoled, or whatever in ways that were creative. I was favorably impressed and would not hesitate to use her again.”

      – Bay Area Attorney
    • “[Lisa] was instrumental in helping the parties settle a bitter trademark dispute that had been going on for decades. Employing her creativity and a no nonsense approach, she was able to convince the parties to overcome trust issues and reach common ground.”

      – New York Attorney
    • “I worked with Lisa on a difficult case involving the failure of a multi-million dollar business relationship between my client, a large Japanese corporation, and a small, closely-held California corporation. Lisa conducted a number of telephone conferences with the parties prior to scheduling a mediation session. At the actual mediation, which lasted into the early evening, Lisa worked very hard, conducted herself in a calm and professional—yet persuasive—manner, and ultimately helped the parties reach a settlement agreement in principal.”

      – Los Angeles Attorney
    • “[Lisa is] very well-prepared. She’s very calm. I think she’s also very good at hearing what the parties are saying, not just what the lawyers are saying.”

      – Bay Area Attorney
    • “[Lisa is] determined. She has a dogged constitution, but she handles herself with such grace that she sponsors trust in her, and respect. That combination of grace and intelligence gives her credibility...”

      – Kansas City Attorney
    • “I was extremely impressed with the skills and empathy of Ms. Jaye, including the manner in which she not only explained the other side’s position to my client, but the extremely delicate way in which she handled what was a very emotional situation. Her skill set was a perfect match for this mediation and this client, and I suspect she can quite ably alter her approach for other situations as the circumstances might dictate.”

      – Scottsdale Attorney
    • “My client and I really appreciated the ethical manner and hard work with which Ms. Jaye dealt with our difficult insurance matter.”

      – Las Vegas Attorney



Practice Areas

  • Appellate
  • Business & Commercial
  • Employment Law
  • Higher Education & Title IX
  • Intellectual Property
  • Personal Injury/Torts
  • Professional Liability


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