Target is 150 Day Resolution From Date of Preliminary Conference.
Co-contributor Mike participated in a JAMS Roundtable last year in the Orange, California office. One of the themes addressed was the need to address the rising costs of private arbitration as an ADR process in general (including the attorney’s fees to engage in arbitration).
JAMS has responded to this concern by adopting a new Optional Expedited Arbitration Procedure. Here are the highlights of this new program:
· The expedited arbitration targets completion of the arbitration within approximately 150 of the preliminary conference with the arbitrator;
· The commencement process, arbitrator selection, disclosure requirements, cancellation policies, and collection of fees and retainers remain the same;
· If a respondent objects or fails to respond to the expedited procedures, attorneys will be required to bring their clients to the preliminary conference, which can be telephonic unless otherwise indicated;
· Voluntary exchange of non-privileged information is the norm, with limitations on depositions, document requests, and e-discovery.
The new procedures under this option are found in JAMS’ Rules 16.1 and 16.2 to its updated Comprehensive Arbitration Rules and Procedures (effective October 1, 2010) and can be viewed in the "Rules/Clauses section" of www.jamsadr.com.