In recent years, there has been growing criticism that arbitration has become so costly and time-consuming that the distinction between arbitration and court proceedings has been blurred. In response, jams responded on January 6, 2010 to adopt the recommended arbitration protocols for national cases (“JAMS Discovery Protocols”), and on October 1, 2010, the jam arbitration regulations were amended to add rules 16.1 and 16.2. Rules 16.1 and 16.2 set out expedited arbitration procedures that can be included in the dispute settlement clause in the parties` commercial contract or arbitration settlement. Many of the changes made by the fast track are based on jam investigation protocols. This includes the fact that the specification of referees` qualifications often works best in a three-referee panel, as it is possible, in this context, to require that one of the roundtable participants have some technical know-how without limiting the whole panel to such a narrow area of experience. This will ensure that the desired technical know-how is represented on the panel, while ensuring that the chair of the proceeding has extensive experience throughout the arbitration process. The following time frames apply to any arbitration proceeding arising from or in connection with this agreement: if the arbitration is to be made by a single arbitrator, the clause of the contract could provide that the arbitrator must be: “Mediation: “All disputes arising from this agreement are subject to mediation according to the procedures of the arts arbitration and mediation services., a california Lawyers for the Arts program.” If the parties do not want to negotiate before arbitration, but wish to arbitrate before going to arbitration, they can do so using the following language: Rule 26 of the JAMS arbitration settlement stipulates that jams and the arbitrator or arbitrators must respect the confidentiality of the arbitration. If the parties wish to also respect the confidentiality of the procedure, it is possible to achieve this by using the following language: JAMS has standard clauses that separately provide for the filing of national and international disputes during arbitration proceedings. While these clauses do not contain details of the procedures to be followed in such arbitration proceedings, they provide a simple way to ensure that any future disputes will be resolved. Another advantage is that it is sometimes easier for parties to accept simple and simple clauses than some of the more complex provisions set out in later sections of this guide. The standard JAMS clauses are listed below.
In some cases, the parties may include in their dispute settlement clauses a language that is not as complete as that proposed in Sections 16.1 and 16.2, but which will nevertheless facilitate the effective implementation of arbitration procedures arising from the agreement. Examples of these efficiency-enhancing clauses are cited below.