As the health care industry continues to evolve, disputes are becoming increasingly complex, from reimbursement matters and provider contracts to False Claims Act issues. In this episode of the JAMS podcast, Hon. Janice Symchych (former), Daniel Platt, Esq. and Ronald Ravikoff, Esq. discuss how mediation can effectively resolve multifaceted health care conflicts.

In this episode of the JAMS podcast, neutrals Angela Downes, Esq. and Bernard Taylor, Sr., Esq., unpack what these shifts mean for higher education. They discuss what parties need to know about Title IX as it currently stands and how ADR can serve as a powerful tool for reaching resolution.

Evolving Challenges in Employment Mediation: Managing Emotions, Shifting Strategies and Legal Trends by JAMS ADR

In this podcast, JAMS neutrals Peter Kamminga, Esq., Ph.D., and Jeffrey Grubman, Esq., discuss the rise in financial scams targeting consumers and the various ways in which those scams typically take shape, including authorized push payment scams and phishing scams. The neutrals also discuss how these scams can be orchestrated—including through downloading malicious software or by a scammer assuming an online identity to befriend a victim. From there, Dr. Kamminga and Mr. Grubman discuss how both financial and non-financial damages can be claimed following these scams, as well as how to understand some of the legal distinctions that are often present in these cases, such as the difference between authorized and non-authorized transactions.

JAMS Podcast Transcript – Co-Mediation by JAMS ADR

In this podcast, JAMS neutrals Tracy W. McCormack, Esq., and Karl Bayer discuss how the legal and business needs have evolved in Austin, Texas, as it remains one of the fastest growing cities in the country. To set the stage, both neutrals discuss how Austin has grown as a hub for technology, innovation and entertainment, which has driven significant expansion in the area and made it attractive for new businesses and investment. From there, Mr. Bayer and Ms. McCormack discuss how the rapid growth and transformation of the region has influenced legal disputes and what general counsel can learn and apply to other cities. As the conversation continues, the neutrals weigh in on how companies are creatively tailoring ADR to meet the specific needs of their industries, such as designing unique solutions and also evaluating the national and international components of a dispute. Mr. Bayer and Ms. McCormack also address the value of a bespoke ADR process to support a company's long-term business goals and objectives, as well as how arbitration can be a helpful approach for resolving complex disputes. Finally, the neutrals conclude by extrapolating on how the growth in Austin—and the changes that have followed for the legal system—can hold broader significance for the future of ADR.

In this podcast, JAMS neutrals Hon. Jackson Lucky (Ret.); Dr. Ryan Abbott, M.D., Esq., FCIArb.; and Daniel B. Garrie, Esq., discuss how the future of legal disputes is evolving in response to advancing artificial intelligence technology. Throughout their conversation, the neutrals explore the complexities of AI-related disputes, emphasizing the advantages of ADR over traditional litigation due to its speed, cost efficiency and ability to vet ADR professionals to determine which individual may have the background, experience and technical knowledge that will align best with a case's needs. The group also discusses what prompted the creation of the JAMS AI rules and how the complexity and novelty of AI-related disputes necessitated a set of uniquely tailored rules that address the operational and technical realities of AI. From there, the neutrals elaborate on the need for the specialized process for technical expert reviews, as outlined in the JAMS AI rules, as well as discuss the value of proactively including an AI arbitration clause into a contract.

In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with both neutrals emphasizing the need for effective negotiation strategies and understanding the parties' emotions and perspectives.

In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in Florida. The conversation starts with a look back on how mediation and arbitration emerged and grew in popularity within the state.

In this podcast, JAMS neutrals Hon. Karen Brown Willcutts (Former), FCIArb; Hon. Gail S. Tusan, Senior Judge; and Hon. Judith Fabricant (Ret.) discuss their remarkable careers in recognition of Women’s History Month. The conversation starts with each neutral reflecting on some of the barriers that they encountered and how those experiences ultimately shaped them.

In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space.

In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting a seat for international arbitration proceedings, the current regulatory framework that governs them and factors contributing to rise of the United States as a hub for international arbitration and the trends fueling disputes.

In this podcast, JAMS neutrals Stephen H. Sulmeyer, J.D., Ph.D.; Robin H. Gise, Esq.; and Maurice Q. Robinson, a member of the 2022–2023 class of the JAMS Diversity Fellowship Program, discuss neurodiversity and the workplace. Their conversation starts by defining neurodiversity and delving into traits that can be common with neurodivergent individuals

In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments, generational differences and the implementation of new technologies. Against this backdrop, the neutrals discuss the types of challenges that can bubble up—such as employees struggling to feel a sense of belonging in the workplace—and the traditional approaches that exist to address these points of conflict.

In this podcast, JAMS neutrals Hon. Bonnie H. MacLeod (Ret.) and Hon. Nancy Holtz (Ret.) discuss what to look for when selecting a mediator and the questions and considerations that may guide that process. During this conversation, the judges share what they believe are the core criteria to look for when choosing a mediator, including strong mediation skills, empathy, reputation and temperament. They also discuss how subject matter experience comes second to strong mediation skills, and that parties should focus more on selecting mediators with a demonstrated ability to close cases and less on selecting an individual who is well versed in the jargon specific to their industry. Judge MacLeod and Judge Holtz also share how the process to dispute resolution can vary across mediators, the types of cases where mediators are the most valuable and the common questions received by mediators when parties are determining whom to approach for their case.

In this podcast, JAMS neutrals Hon. Wynne S. Carvill (Ret.) and Robin H. Gise, Esq., explore the factors that contribute to a successful mediation and the pitfalls that can impede the dispute resolution process. To start, they share their thoughts on the importance of timing and the exchange of information to help support the flow of mediation and then discuss the importance of managing unrealistic expectations and articulating proper risk assessment. Judge Carvill and Ms. Gise also exchange views on common assumptions made—sometimes incorrectly— by parties about mediation and the counteroffer process. The neutrals conclude with high-level insights on the “bigger picture” of the mediation process and avenues for moving the focal point away from just the desired dollar amount.

JAMS neutrals, along with Joan D’Ambrosio of Atheria Law and Kirsten Jackson of Latham & Watkins, share insights on current trends and what’s next when it comes to insurance coverage disputes.

In this podcast, JAMS neutrals Hon. Robert L. Dondero (Ret.), Hon. Allyson K. Duncan (Ret.) and Hon. Gregory M. Sleet (Ret.) explain the advantages of utilizing neutral evaluation prior to filling a brief or completing oral arguments. Drawing from their combined decades of experience on the bench, they discuss when neutral evaluation can be useful and the value that can be derived from the process, including improved litigation strategy. They also offer best practices and touch on how clients can support neutral evaluations by providing the right types—and amount—of background information, the feedback they have received from clients, and factors to consider when determining which neutral evaluators to contact to help with a specific case.

In this podcast, JAMS neutrals Hon. Grace G. Dickler (Ret.) and Hon. Karen G. Shields (Ret.) explore how the pandemic affected family law disputes, how virtual proceedings provided an avenue to keep cases moving forward and how the transition was received by neutrals, attorneys and parties. The neutrals also take a deep dive on the preparation that aids in resolving family law cases, helpful documents to have and the role that outside experts play in helping to facilitate negotiations between parties. Judge Dickler and Judge Shields offer their thoughts on the timeline for when to bring in a mediator and the complexities that are often involved in these cases. The conversation concludes with a discussion of how mediation can help parties get more involved with the outcome of their case and the prediction that mediation for family law disputes is going to continue to rise in popularity.

In this podcast, JAMS neutrals Judge Sherry Klein Heitler and Judge Richard McDermott give listeners a deeper look into the mediation process and how mediation can truly be a more beneficial alternative when managing personal injury cases. They examine the benefits of going through mediation as well as outline what the normal process looks like for personal injury (PI) disputes. Furthermore, they discuss their professional experiences overseeing and handling PI disputes from both the attorney and mediator perspectives and give suggestions for how to help settle these types of cases.