Judicial Arbitration and Mediation Services (JAMS) provide an effective alternative to litigation, offering a faster, less formal way to resolve disputes. Preparing for arbitration or mediation through JAMS can significantly influence the outcome, as both processes require careful planning and strategic thinking. Whether you’re a business owner, individual, or legal representative, taking the right steps before engaging in these services can make a huge difference. Here are key strategies to help you prepare for Judicial Arbitration Mediation Services.
1. Understand the Difference Between Arbitration and Mediation
The first step in preparation is to understand whether your case will involve arbitration or mediation, as each process functions differently.
Arbitration: In arbitration, a neutral third party (the arbitrator) listens to the evidence and arguments from both sides and makes a binding decision. It’s more formal than mediation but less rigid than court procedures.
Mediation: Mediation, on the other hand, is a collaborative process where a neutral mediator facilitates discussions between the parties. The goal is to help the disputing parties reach a mutually acceptable agreement. Unlike arbitration, the mediator does not make a binding decision but helps guide the negotiation process.
Knowing the specific method allows you to tailor your approach and preparation for each unique process.
2. Know the Facts and Gather Evidence
Whether you are going into arbitration or mediation, the facts of your case will be central to the outcome. Compile all relevant documentation, including contracts, emails, records, and any other material that supports your position. Witness statements or expert opinions can also be crucial, especially in arbitration.
In mediation, while the process is more focused on reaching a compromise, having clear facts and documentation helps solidify your position. It also signals to the other party that you are well-prepared and serious about resolving the dispute. Evidence in arbitration, where the decision is binding, will form the foundation of your case, so be sure it’s organized and comprehensive.
3. Clarify Your Goals and Prioritize Solutions
Before attending a mediation or arbitration session, define your goals. Ask yourself what outcomes would be acceptable and which areas you’re willing to compromise on. Particularly in mediation, where the goal is to reach a settlement, it’s important to approach the process with a mindset of negotiation. Identify your best-case scenario and your bottom line—this helps you stay focused on achieving a practical resolution.
In arbitration, since the arbitrator’s decision is final, clarify what you want the arbitrator to decide in your favor. Understanding your objectives and having clear solutions in mind will keep you focused on achieving the best possible outcome.
4. Select the Right Arbitrator or Mediator
The experience and expertise of the arbitrator or mediator can greatly affect the outcome of your case. When given the opportunity, select a mediator or arbitrator with specific experience in the type of dispute you’re dealing with. For example, if the case involves employment issues, someone with a background in labor law will be better equipped to understand the nuances of your case.
If you’re not directly involved in the selection process, ask your legal counsel to inquire about the background and approach of the assigned neutral party to ensure they are the right fit for your situation.
5. Prepare Your Opening Statement
In both mediation and arbitration, you will typically be given the opportunity to present an opening statement. This is your chance to outline your case clearly and persuasively. It should include:
A concise summary of the dispute
The key facts of your case
Your desired outcome (settlement or decision)
Areas where you are willing to compromise (in mediation)
Keep your tone respectful and professional, avoiding emotional appeals. Stick to the facts and present your case in a logical, compelling manner.
6. Remain Open to Compromise
For mediation to succeed, both parties need to come to the table with a willingness to compromise. Even in arbitration, where one party “wins” and the other “loses,” negotiations often take place beforehand. Keep an open mind during discussions and consider creative solutions that could satisfy both parties. The goal is to resolve the dispute, and sometimes that requires flexibility and open-mindedness.
