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

In this episode of the JAMS podcast, internationally renowned mediators Giuseppe De Palo and Tim Hardy explore how a mediator’s style, cultural awareness and strategic timing can meaningfully influence the course and outcome of a mediation. Drawing on extensive experience resolving complex disputes around the world, they discuss why choosing the right approach – and adapting it throughout the day – is often critical to success.

As mass tort litigation continues to grow, the disputes at stake are becoming increasingly complex. From wildfire and pharmaceutical claims to toxic exposure, sexual abuse and large-scale economic losses. In this episode of the JAMS podcast, neutrals Lexi Myer-Wolfe and Jordy Feldman discuss why mediation has become an essential tool for resolving today’s most challenging mass tort matters. Drawing on extensive experience administering and mediating high-profile mass claims, they examine the procedural, emotional and practical hurdles that make these cases so intricate, and they outline how mediation can offer both efficiency and individualized justice. This episode provides meaningful insights for attorneys, mediators and claim administrators navigating high-volume, high-stakes mass tort disputes.

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.

In this podcast, JAMS neutrals Judge Elizabeth Laporte and Tom Creel give listeners a deeper look into the role alternative dispute resolution (ADR) plays in intellectual property disputes. They examine the options available to parties and the customizations offered by each one. Furthermore, they discuss their personal experiences overseeing intellectual property (IP) disputes and what strategies might be advantageous for different parties, such as incorporating JAMS International Rules into contracts before a dispute arises.

In this podcast, JAMS Institute executive director, Rich Birke, and associate director and neutral, Deirdre Gallagher, give listeners an inside look at the training arm of JAMS. They discuss how the JAMS Institute has evolved with world and industry events, how and why they ensure neutrality, ethics and DE&I are interwoven throughout the curriculum, and the important role the JAMS Institute has played in making JAMS what it is today.

A podcast from JAMS featuring neutrals Barbara A. Reeves, Esq., CEDS, and Katherine Hope Gurun, Esq., on the top challenges businesses are facing as a result of supply chain disruption and how ADR techniques can help. In this podcast, JAMS neutrals Barbara A. Reeves, Esq., CEDS, and Katherine Hope Gurun, Esq., provide insight on the top considerations for companies impacted by constant supply chain disruption. Barbara and Katherine specifically draw on their years of experience working at JAMS and other organizations to provide helpful tips for businesses that are navigating disruptions brought on by the pandemic, climate change, the war in Ukraine and other crises, outlining how mediation and arbitration can provide a template to help resolve related disputes.

A podcast from JAMS featuring JAMS Foundation Managing Director David Brandon and Alliance for Peacebuilding Executive Director Liz Hume discussing the award and AFP’s work and mission In this podcast, JAMS Foundation Managing Director David Brandon and Alliance for Peacebuilding Executive Director Liz Hume discuss the meaning and background behind the JAMS Foundation’s Warren Knight Distinguished Service Award and why AFP was chosen as this year’s special recipient. Liz provides insight into AFP’s current goals, where she expects the Alliance will concentrate its efforts going forward and how the funding from the JAMS Foundation will support that mission. Ms. Hume advocates for the global need for peacebuilding and how that need has been amplified by the ongoing global pandemic, war in Ukraine and climate crisis.

A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry In this podcast, JAMS neutrals Patricia Thompson and Bruce Edwards leverage their alternative dispute resolution (ADR) experience within the construction industry to discuss and demystify the myths pertaining to the use of ADR for construction disputes. They unpack the common misunderstandings people often have about construction ADR, explaining what leads to these misconceptions and what can be done as a result. This conversation outlines arbitration appeals as a mechanism for enhancing parties’ confidence, the role of emotions in resolving disputes, and the cost benefits and flexibility that can be reaped through ADR.

A podcast from JAMS featuring Steven Bauer and Sarah Geers on how ADR can play a pivotal role in resolving IP-related disputes in the life sciences industry In this podcast, Steven Bauer, mediator and arbitrator at JAMS, and Sarah Geers, partner at the global law firm Jones Day, discuss the types of intellectual property disputes they are seeing in the life sciences industry and the advantages of using ADR to resolve these cases, as well as how the process might evolve in the future. They discuss, in particular, the value that an experienced neutral can bring to the table when deciding a life sciences IP dispute, and the benefits that may be reaped in terms of efficiency, cost savings and confidentiality. Steven and Sarah also offer their takes on how to prepare parties for arbitration and how to get the best results from the ADR process.

A podcast from JAMS featuring Stephen H. Sulmeyer, J.D., Ph.D., and Hon. Lynn Duryee (Ret.) on the emotional and psychological dimensions of ADR and the impact on mediators, lawyers and all parties involved In this podcast, JAMS neutrals Stephen Sulmeyer, J.D., Ph.D., and Hon. Lynn Duryee (Ret.) weigh in on how to differentiate between the emotional and legal aspects of a dispute, including walking through poignant examples. Mr. Sulmeyer and Judge Duryee discuss the role of tools, such as developing negative capacity, in successfully navigating the emotional elements of a case, as well as their thoughts on recognizing and addressing defense mechanisms exhibited by parties during proceedings. They conclude with reflecting on how the dynamic of proceedings has shifted amidst the transition to mostly virtual proceedings, and what to keep in mind to support better case outcomes.

A podcast from JAMS featuring neutrals Christopher Keele, Esq., and Adrienne Publicover, Esq., on disputes within health care systems and how parties can best navigate and mitigate these disputes In this podcast, JAMS neutrals Christopher Keele, Esq., and Adrienne Publicover, Esq., discuss common types of disputes within health systems and the impact that the pandemic continues to have on disputes. They delve into specific areas where disputes tend to arise, particularly physician employment agreements and whistleblower claims. Their conversation explores the themes that underpin common conflicts within health care systems, including tension between business and clinician interests as well as between health care providers and their respective investors. They also share their thoughts on how the financial pressure brought on by the pandemic has impacted hospital systems and what parties should be thinking about now to get ahead of those disputes.

A podcast from JAMS featuring neutral Michael Lewis and Carl Smallwood and Nancy Rogers of the Divided Community Project (DCP) on the project’s goal of using dispute resolution tools to positively impact and empower communities across the nation In this podcast, JAMS neutral Michael Lewis; Carl Smallwood, executive director of the Divided Community Project; and Nancy Rogers, who serves on the Divided Community Project’s Executive Committee, discuss the origins of the project and the path to developing resources for local leaders and community members to achieve change and tackle divisive issues impacting their communities. The conversation touches on how funding from JAMS has aided in their ability to expand project capabilities; how they have strategically focused on areas that may yield the greatest impact for communities, including community mediation, student youth initiatives and the Weinstein JAMS International Fellowship Program; and how they are addressing societal issues.

A podcast from JAMS featuring Hon. Glen Reiser (Ret.) and Lisbeth Bulmash, Esq., on the rise of trusts and estates disputes and the role of mediation in successful resolutions In this podcast, JAMS neutrals Hon. Glen Reiser (Ret.) and Lisbeth Bulmash, Esq., discuss how the pandemic and a shifting landscape around wealth transfers is fueling increased trusts and estates disputes. They weigh in on how preparing adequately and selecting the right mediator are crucial for getting ahead of a conflict and finding a solution that meets the parties’ goals, as well as how the approach to mediation differs across states. The neutrals also discuss capacity and undue influence, two factors that impact estate planning, including how analyses of those factors vary and are impacted by advancements in physiological and psychological science. Finally, Judge Reiser and Ms. Bulmash offer their thoughts on how to select a thoughtful and creative mediator.

A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid proceedings at JAMS, the benefits of these types of proceedings and how they have changed the practice of ADR. They also discuss the important role technology plays in hybrid proceedings and why they believe hybrid proceedings are here to stay.

[PODCAST] The JAMS Foundation and Hands of Peace: Empowering American, Israeli and Palestinian Youth to Be Peacemakers, Agents of Change A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities. In this podcast, The JAMS Foundation managing director David Brandon introduces the recipient of The JAMS Foundation’s 13th Annual Warren Knight Distinguished Service Award, Hands of Peace. Hands of Peace founder Gretchen Grad and executive director Scott Rasmussen discuss the organization’s mission and their goal of giving American, Israeli and Palestinian youth the skills, experience and motivation to tackle the issues that are important to them in their home countries.

A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators In this podcast, JAMS neutrals Judge Joan Feeney and Judge Phillip Shefferly share their thoughts on why mediation is a good tool to resolve bankruptcy disputes, provide listeners with a look into their own approaches to mediating bankruptcy cases and discuss what attorneys and their clients should expect and prepare for in a bankruptcy proceeding.

JAMS Neutral Conna Weiner on Top 10 Tips for Achieving an Efficient, Fair and Cost-Effective Life Sciences Arbitration

A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19 crisis. In this podcast, Kim Taylor, President of JAMS; Robert Davidson, Executive Director of JAMS Arbitration Practice; and Ranse Howell, Director of International Operations at JAMS discuss key changes made to JAMS International Arbitration Rules, the process for making changes and how these changes meet the needs of the legal community, particularly in light of the COVID-19 crisis.

A podcast from JAMS featuring Hon. Jane Cutler Greenspan (Ret.) and Richard Birke discussing Title IX adjudication and how JAMS Solutions can benefit higher education institutions in resolving campus disputes In this podcast, JAMS neutral, Hon. Jane Cutler Greenspan (Ret.) and Richard Birke, Vice President and the Executive Director of the JAMS Institute, discuss how the experience of JAMS neutrals and their commitment to Title IX can serve as an asset for higher education institutions, particularly in regards to informal resolution. Justice Cutler Greenspan and Mr. Birke lay the groundwork for understanding how informal resolution in the Title IX context may take place on university campuses and what considerations are key for ensuring a safe and positive outcome for involved students. They explore how an informal agreement may take shape, in what situations informal resolution may be an appropriate option and what hurdles may emerge. The pair also highlights the role that informal resolution may play in restorative justice for students, reducing emotional strain and helping them move forward from the incident in their personal and professional lives.

A podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the future of the industry In this podcast, these neutrals reflect on the transition to virtual mediation and discuss the benefits of virtual proceedings, offer insights to ADR professionals who are entering the virtual sphere and share their perspectives as to what we can expect from the industry when the pandemic is over. They also discuss how the transition to virtual mediation has presented an opportunity to develop, and even improve, ADR. From practicalities to logistics, virtual mediation has produced a more efficient ADR system, and Judge Westerfield and Judge Silverman believe it is here to stay.

A podcast from JAMS in celebration of Black History Month, featuring diversity program manager Joanne Saint Louis, and neutrals Otis McGee and Rebekah Ratliff. In this new podcast from JAMS, neutrals Otis McGee and Rebekah Ratliff and diversity program manager Joanne Saint Louis discuss why increasing diversity in ADR is critical for legal and business communities and the steps JAMS is taking to ensure its own panel is representative of the attorneys and clients that use its ADR services. Otis and Rebekah then discuss the important role diverse neutrals play in ADR and how ADR increases access to justice.

When it comes to resolving business disputes, should alternative dispute resolution really be seen as an “alternative” or a go-to for business leaders? In this new podcast from JAMS, neutral Laura Abrahamson and JAMS’ director of international arbitration Ranse Howell discuss the many reasons business leaders prefer alternative dispute resolution when resolving disputes with partners and vendors. The pair discuss overcoming preconceived notions about ADR – which can limit its use and effectiveness – and share how ADR helps businesses return back to normal operations more quickly and efficiently, saving money and maintaining important relationships.

A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations. Nine months after the onset of the COVID-19 pandemic, the legal community overall has adapted to working in a new environment. For ADR professionals and many attorneys, that means mastering the art of virtual mediation. While some have experienced a more seamless transition than others, everyone had to confront often unexpected obstacles and turn them into opportunities to be successful. In this new podcast from JAMS, two seasoned JAMS mediators look back at their transition to virtual mediation, discuss early experiences and challenges, and share some pet peeves and tips they have developed along the way. They also offer their perspective on the opportunities that have arisen from virtual mediation and discuss why they are confident virtual mediation is here to stay.