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

• Appellate
• Mediated thousands of cases on appeal
• In-depth understanding of standards of review, procedural processes within the appellate courts and reversal rates
• Business Commercial
• 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
• Employment Law
• 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
• Estate Probate Trusts

• Co-mediated and settled a complicated trust and estates case among family members

• Higher Education & 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 
• Insurance
• 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)

Honors, Memberships, and Professional Activities

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

Background and Education

• 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