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JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. [1] is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration. [2] [3] H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. [4]
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
[27]: 30 A 2014 article in the San Francisco Chronicle stated that about 95% of consumer arbitrations in California are administered by AAA, JAMS, or "Kaiser's independent administrator", according to "a lobbyist for the California arbitration industry". [39] AAA and JAMS primarily hear disputes between businesses and employment disputes. [40]
They are less a contractual provision and more a kind of arbitration servitude," David Horton, a professor at the University of California, Davis, School of Law, wrote in the University of ...
Discover Bank v. Superior Court (30 Cal.Rptr.3d 76) is a 2005 case where the California Supreme Court ruled that an arbitration clause was unenforceable because a class-action waiver contained within it would exculpate Discover Bank from liability for wrongdoing involving small sums of damages.
The Judicial Council of California has also promulgated the California Rules of Court, which includes such publications as the Standards of Judicial Administration and the Ethics Standards for Neutral Arbitrators in Contractual Arbitrations, under the authority of article VI, section 6, of the Constitution of California.
A California law barring employers from requiring their employees to resolve workplace complaints in private runs afoul of federal law, a federal court ruled.
Night Baseball Arbitration is a variation of baseball arbitration where the figures are not revealed to the arbitration tribunal. The arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award.