JAMS ADR: A Podcast About Conflict Resolution, Mediation and Arbitration

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.