Judicial Arbitration and Mediation Services (JAMS) offer valuable alternative dispute resolution methods to avoid lengthy and expensive litigation. Whether dealing with a business conflict, employment issue, or family dispute, JAMS can help parties reach a mutually agreeable solution outside of court. But when should you consider using these services? Let’s explore the key scenarios when JAMS might be necessary.
1. When Litigation is Too Time-Consuming
One of the primary reasons to consider judicial arbitration or mediation is when traditional litigation becomes too time-consuming. Court cases can drag on for months, if not years, due to backlogs, procedural rules, and appeals. In contrast, arbitration and mediation services offer a quicker resolution. By turning to JAMS, parties can settle their disputes in a matter of weeks or months, depending on the complexity of the case, allowing them to move on with their lives or businesses sooner.
2. When Litigation Costs Are Too High
The cost of litigation can be prohibitive, especially in complex disputes involving multiple parties or extensive legal issues. Lawyer fees, court fees, and expert witness costs can add up quickly. JAMS provides a more cost-effective alternative by streamlining the process and reducing overall legal expenses. Mediation, in particular, is usually less expensive than arbitration, but both options tend to cost significantly less than a full-blown court case. For businesses or individuals seeking a more affordable resolution, JAMS is often the best choice.
3. When You Want More Control Over the Process
In traditional litigation, a judge or jury has the final say. This lack of control can leave parties feeling uncertain about the outcome. With judicial arbitration and mediation, the parties involved have more influence over the process. In mediation, for example, both sides work together to reach a mutually acceptable solution with the guidance of a neutral mediator. Even in arbitration, where the arbitrator makes a binding decision, parties can agree on some procedural aspects, such as choosing the arbitrator or setting specific rules. This flexibility makes JAMS appealing to those who want to retain some control over how their dispute is resolved.
4. When You Need to Preserve Relationships
Certain disputes, such as those involving business partners, family members, or employers and employees, require preserving the relationship after the conflict is resolved. Litigation is often adversarial and can irreparably damage relationships. In contrast, mediation focuses on collaboration, communication, and compromise, helping to maintain or repair relationships. Arbitration, while more formal than mediation, still provides a more private and less hostile environment than a courtroom, offering a better chance of preserving relationships after the dispute.
5. When Confidentiality Is a Priority
Court cases are public records, meaning anyone can access details about the proceedings and the outcome. For businesses, public litigation can lead to reputational damage, and for individuals, it can expose private matters. JAMS offers a confidential setting where all details of the dispute remain private, including the settlement agreement or the arbitrator’s decision. This level of discretion makes arbitration and mediation ideal for sensitive disputes where confidentiality is a top priority.
6. When You Want a Neutral Third Party to Guide the Process
In both mediation and arbitration, the presence of a neutral third party is essential. This neutral individual—either a mediator or an arbitrator—guides the process and helps the parties focus on finding a resolution. Mediators do not impose a decision but help facilitate a settlement, while arbitrators render binding decisions based on the evidence presented. If you believe your dispute would benefit from a neutral expert’s input, JAMS offers a wide range of professionals with expertise in various legal areas.