What Is JAMS Arbitration?
JAMS stands for Judicial Arbitration and Mediation Services. In short, this is an organization that has arbitrators and mediators ready to step in and help resolve legal disputes. Most of these cases revolve around business matters. For example, two companies might be going into business together, and they need a legal document drafted up in a specific schedule of payments. With many situations, the arbitrator will only take over when parties can’t come to a legal resolution on their own.
Arbitration is one type of alternative dispute resolution (ADR). Other methods of ADR include settlement and collaborative law. Although ADR can take many forms, arbitration is a formal type of dispute resolution. It’s somewhat similar to going to court, but parties involved are able to create their own rules. In fact, many of the elements in court are still prevalent in arbitration. The process is still formal, the rules of evidence are there, and arbitrators who preside over the proceedings make binding decisions .
The main difference between going to court or using JAMS like a mediator is that the latter is likely to be much faster. In some situations, arbitration can take as little as a few weeks while in others, it might take a few months. The American Bar Association even found that in some situations, parties were able finalize the arbitration process in as little as five days.
There are plenty of benefits to going through arbitration with JAMS. Many people find that it’s both cost-effective and time-saving. Depending on the situation, an arbitration resolution will often last the parties a lifetime. This reduces the time spent going back and forth in the courts. It also cuts costs down. When people go to court, they’ll need to pay attorneys, pay for the use of the court, and other expenses. Because arbitration is generally more private, there’s often less press coverage for the trial.
One benefit to arbitration is that the parties involved get to handpick their arbitrator. Most people prefer this method because the arbitration process is often much less stressful than going to court.
Role of the Demand for Arbitration Form
At the core of the demand for arbitration form, as used by JAMS, is a "Notice of Arbitration." In general, a notice of arbitration enables a party to initiate a proceeding in arbitration and should include certain information, such as "the names and contact details of the parties and their representatives (if any), identification of the agreement to arbitrate, a reference to the applicable arbitration rules, a notification of the dispute to be arbitrated, and any request for interim measures." A notice of arbitration may also include other items as well, such as the relief or remedy sought, information as to time and place of new hearings, in addition to whether all or part of the proceedings are to be guaranteed confidential. Submission of a demand for arbitration form, which includes a notice of arbitration form, serves to initiate an arbitration proceeding. As a practical matter, this form is the first step in moving a matter closer to a hearing or settlement. Demand forms initiate the following types of cases: commercial, employment, global, consumer, international, manufacturing, and construction.
How to Fill Out a JAMS Demand for Arbitration Form
After you have read our JAMS Demand for Arbitration FAQ and after you have reviewed some arbitration forms from an actual arbitration, it is time for you to look at a JAMS arbitration form in detail. Looks intimidating doesn’t it? And it should. Do not be fooled by the form. As we cover below, the form can be complicated and easy to get wrong if completed without care and attention.
Section 1: Case Name Even though the demand is not a lawsuit, this demand should have a case name to file the arbitration claim under. A case name is simply the name of the demanding party (the suing party) vs the defending party (the sued party). This gives JAMS a case name for the record, similar to civil court customs. The case name is important as the case name is how the parties and JAMS will refer to the case in documents. There are several ways to set up a case name. For employment cases, some attorneys will use the employee/employee’s last name vs the employer. Depending on the arbitration agreement, other attorneys may use employee vs employer with the attorneys’ contact information underneath. Still other attorneys may write the employee vs employer and then place "dba[doing business as]" and then the company name underneath. Regardless of the format used, it is critical you just have a clear case name.
Section 2: Identification of Parties This section is fairly simple and self-explanatory. All parties should be listed here.
Section 3: Case Information This is where the work really begins. Why? Because Form A contains areas to allow JAMS to govern over claims outside of California. This means that even though the parties are in California the JAMS rules will govern over a federal claim, a Texas claim, etc. The demand will not be transferred to the appropriate jurisdiction if you do not take the time to complete the case information section. Failing to complete this step will result in a frustrating back and forth between the parties as the demand is held up because of its inaccuracy.
Section 4: Amount in Dispute Seems simple enough right? Not always. Let’s look at the Trade Secret case above for example: If defendant previously paid plaintiff $125,000, plaintiff cannot then claim the damages amount to be $2.5 million. If that is the case, plaintiff’s arbitration should be red starred (denied and removed from JAMS) until the correct damages amount is listed. If you don’t want to risk putting arbitrary and unreasonable amounts down, you can leave the numbers blank or plaintiff can state "no amount in dispute" and attach a statement of damages to the arbitration filing when it is served on defendant. Remember, this is something you will be held to and you cannot change the number after the fact. So choose wisely.
Section 5: Claims and Remedies Requested The most important aspect to completing the JAMS Demand for Arbitration form is to request a remedy. If you do not request a remedy, the demand is incorrect. This is the biggest mistake I see attorneys and parties making on their arbitration demands. In the demand, there is a box you check to identify the type of arbitration requested. When selecting the box, make sure you are selecting the right check box for your claim. For example, many of my trade secret and noncompete arbitrations were judicially ordered or approved, so I picked "Judicially-Ordered Arbitration" every time. Yes, it matters which box you check.
Section 6: Signature of Party or Counsel Make sure you have someone sign off on the demand. Anyone signing the demand is attesting that the information provided in the demand is correct and true. Attorneys for plaintiffs almost always sign the arbitration form. Defendants signatures all depend on who will be participating in the arbitration.
What’s Included in the Form
The JAMS demand for arbitration form is standardized in a number of ways. Most important is the incorporation of all of the requirements for what must be provided and done to initiate JAMS arbitration as found in the JAMS Comprehensive Arbitration Rules and Procedures (the "Rules"). For example, both the requirements for service and the fee requirements are specifically referenced and addressed at the outset. The JAMS demand for arbitration form can be used for all types of case filings with JAMS. Background information for the parties is obtained, including contact information and identification of counsel, if any.
The demand must fully describe the nature of the dispute, the facts involved and the relief sought by the party. If there are multiple parties or claims, the party making the filing must also state whether they wish to proceed as consolidated or severed claims. The demand must also contain specific jurisdictional detail, such as the basis for the arbitration agreement and the territorial scope of any other arbitration clause, if multiple. Prospective arbitrators and mediator are identified in a section that requires the final selection by the appropriate JAMS office within 10 days after the initial listing has been provided by JAMS to the parties. Finally, a number of potential provisions can be included in the final agreement between the parties, such as limits on discovery, specified witnesses or expert(s) who do not require testimony at a hearing.
Submitting the Demand Form
The completed JAMS demand for arbitration form may be filed by mail, or electronically. When submitting a Paper response, both email and surface mail may be used. Applicants are encouraged to file electronically, particularly in lengthy or complex cases, or when service on a number of parties at various addresses must be done at once. When filing a JAMS Demand for Arbitration Form, the party completing the form must pay the registration fee, or include a statement that they are requesting a waiver of fees and cite the basis for each demand (service connected or military family member). If the matter is not arbitrable as a Military Fee Case , the Petitioning party must include the non-refundable $50 fee with the submission. Payments can be made online with a credit card or by phone authorization with a debit or super-check (ach) account. Once the completed JAMS Demand for Arbitration Form and requisite payment or fee waiver request is received by the JAMS Case Management and Administration Team, it will be reviewed and a conference assigned. If the Demand is agreed to or a Non-JAMS case, the JAMS Case Management and Administration Team will contact all parties to confirm the appointment and to obtain additional information as required.
Next Steps: What to Expect
Once you’ve submitted a JAMS demand for arbitration form, you’ll have some time before you hear anything. Depending on the type of matter, you could wait anywhere from 1 – 90 days to receive something back. During that time, it’s not unusual to hear nothing at all.
The person/entity you’re filing against will have time to respond. If there is some sort of agreement in place, what the response will be will depend entirely on the terms of that agreement. If there is an arbitration clause, the party may agree to arbitration or ask for more information. They could ask to have a new arbitrator be appointed if the one you’ve named is unacceptable.
In most cases, JAMS has 21 days to give a response to the demand for arbitration. (20 days plus mailing of 1 additional day). They’ll let you know if there are any missing documents and give you 14 days to provide those. You’ll then have an appointment with your arbitrator, with a tentative hearing date.
The next step is the filing of pleadings. You’ll have to file something called a statement of claim. This goes into a great deal of detail on all of the issues. It sets the stage for what you want from the arbitration, plus what the case is about. There will be a second component once the first is completed: the hearing. The arbitration will begin if both parties have enough notice to attend.
Frequently Encountered Issues and Solutions
It is not uncommon for a party to have questions or concerns with the information requested on the JAMS demand for arbitration form. Here are some common issues and how to best manage them:
Issue: The JAMS demand for arbitration form requests you to list all counsel who represented you in the underlying dispute. However, you may have had different lawyers who represented you at different times during the dispute and/or for different matters. It is unclear what you should list under "counsel."
Solution: List anyone who had any contact with the opposing party or their counsel. It is often best practice to list anyone who has been involved with the case on your behalf as counsel even if the individual or firm had subsidiary or limited roles.
Issue: You are required to provide the respondents’ addresses and other identifying information , including their insurance policy numbers. Some respondents are not represented by counsel or have limited records that do not include the requested confidential information.
Solution: Lists for service of process are publicly available through various court websites. You can also look to other sources such as social media and the Secretary of State to track down other information you may need for the demand for arbitration. Alternatively, if you do not have complete information, proceed with the arbitration and preserve your rights concerning any discovery issues related to incomplete information.
Issue: The JAMS demand for arbitration form lists attorneys fees in excess of the amounts stated in the dispute resolution provision of the contract.
Solution: Unless you intend to seek attorneys’ fees above the contract stated amounts, the easiest solution is to require the arbitrator to limit the award to no more than the pre-agreed stated amounts in the contract.