JAMS Mediator-in-Reserve Policy for International Arbitrations
Effective June 1, 2021
At any time after an arbitration has been commenced, either party may request JAMS’ assistance in selecting a ‘Mediator-in-Reserve.’ If so requested, JAMS will send a suggested list of mediators to the parties. The parties will be encouraged to select a mediator from the list, who will be placed in reserve during the pendency of the arbitration. The mediator so selected (the “Mediator-in-Reserve”) will be available to the parties to assist in settlement negotiations in the event that, at any time in the course of the arbitration proceedings, the parties all agree to enlist the mediator’s assistance. There will be no charge to the parties for the appointment of the Mediator-in-Reserve, and the parties will not incur fees unless and until they choose to utilize the mediator’s services.
The Mediator-in-Reserve will not be informed of the parties’ selection until and unless the parties decide to request the mediator’s services. The parties will not be bound to use the Mediator-in-Reserve and may, at any time, mutually select another mediator to assist in their settlement discussions.
The arbitrator(s) in the proceeding will have no knowledge of the identity of the Mediator-in-Reserve, or whether the parties may have engaged their services at any point in the arbitration proceedings.
Resolving international disputes demands special skills, experience and cultural sensitivity. That’ s why thousands of attorneys and their clients turn to JAMS. We are a recognized leader in cross-border mediations and arbitrations, with resources wherever you or your clients do business.