Facilitation Rules

JAMS International Facilitation Rules

JAMS International and JAMS provide facilitation, mediation and arbitration services worldwide. Our neutrals come from the highest ranks of the legal profession, and resolve some of the most complex and contentious disputes. These highly trained and experienced ADR professionals are dedicated to the highest ethical standards of conduct.

Below you will find JAMS International Facilitation Rules in online format. You are also able to get a downloadable version below or in our eBooks and Guides section.

DOWNLOAD RULES

NOTICE: These rules are the copyrighted property of JAMS International. They cannot be copied, reprinted or used in any way without permission of JAMS International, unless they are being used by the parties to a mediation as the rules for that mediation. If they are being used as the rules for a mediation, proper attribution must be given to JAMS International. If you wish to obtain permission to use our copyrighted materials, please contact JAMS International at +44 207 583 9808.

Application of Rules [fa icon="caret-right"]

1. These Rules apply to the facilitation of disputes where the parties seek the settlement of such disputes and where, either by stipulation in a contract or by agreement, they have agreed that these Rules will apply. The parties may agree to vary these Rules at any time.

Initiation of Facilitation [fa icon="caret-right"]

2. Any party or parties to a dispute wishing to initiate facilitation may do so by filing with JAMS International a submission to facilitation or a written request for facilitation pursuant to these Rules.

3. A party may request JAMS International to invite another party to participate in facilitation. Upon receipt of such a request, JAMS International will contact the other party involved in the dispute and attempt to obtain an agreement to participate in facilitation.

4. A request for facilitation should contain a brief statement of the nature of the dispute. It shall also set forth the contact information of all parties to the dispute and the counsel, if any, who will represent them in the facilitation.

Appointment of the Facilitator [fa icon="caret-right"]

5. Upon receipt of a request for facilitation, and if the parties have not jointly notified JAMS International of their mutual choice of a facilitator, JAMS International will provide the parties with a list of no fewer than five persons who would, in JAMS International’s view, be qualified to facilitate the dispute. In compiling the list, JAMS International will take into account the nationalities of the parties, the language in which the facilitation will be conducted, the place of the facilitation and any substantive expertise that may be required or helpful. Each party may strike up to two names and will number the remaining names in the order of preference. In light of the parties’ expressed preferences, JAMS International will appoint the facilitator. Normally, a single facilitator will be appointed, unless the parties agree otherwise. JAMS International may recommend co-facilitators in appropriate cases.

Disclosures and Replacement of a Facilitator [fa icon="caret-right"]

6. Any facilitator, whether selected jointly by the parties or appointed by JAMS International, will disclose both to JAMS International and to the parties whether he or she has any financial or personal interest in the outcome of the facilitation or whether there exists any fact or circumstance reasonably likely to create a presumption of bias. Upon receiving any such information, after soliciting the views of the parties, JAMS International may replace the facilitator, preferably from the lists of acceptable facilitators previously returned by the parties.

Representation [fa icon="caret-right"]

7. Any party may be represented by persons of the party’s choice. Representation by counsel is not required. Parties other than natural persons are expected to have present throughout the facilitation an officer, partner or other employee authorized to make decisions concerning the resolution of the dispute.

Date, Time and Place of the Facilitation [fa icon="caret-right"]

8. The facilitator will fix the date and the time of each facilitation session. The facilitation will be held at a JAMS International office convenient to the parties or at such other place, or places, as the parties and the facilitator agree.

Conduct of the Facilitation and Authority of the Facilitator [fa icon="caret-right"]

9. The facilitator may conduct the facilitation in such a manner as he or she considers appropriate, taking into account the circumstances of the case, the wishes of the parties and the need for a speedy settlement of the dispute. The facilitator does not have the authority to impose a settlement on the parties. The facilitator is authorized to conduct both joint and separate meetings with the parties. If requested, the facilitator may make oral or written recommendations concerning an appropriate resolution of the dispute.

Privacy [fa icon="caret-right"]

10. Facilitation sessions are private. Persons other than the parties and their representatives may attend only with the permission of the parties and with the consent of the facilitator.

Confidentiality [fa icon="caret-right"]

11. All information, records, reports or other documents received by a facilitator while serving in that capacity will be confidential. The facilitator will not be compelled to divulge such records or to testify or give evidence in regard to the facilitation in any adversary proceeding or judicial forum. The parties will maintain the confidentiality of the facilitation and will not rely upon or introduce as evidence in any arbitral, judicial or other proceeding:

i. views expressed or suggestions or offers made by another party or the facilitator in the course of the facilitation proceedings;

ii. admissions made by another party in the course of the facilitation proceedings relating to the merits of the dispute; or

iii. the fact that another party had or had not indicated a willingness to accept a proposal for settlement made by another party or by the facilitator.

Facts, documents or other things otherwise admissible in evidence in any arbitral, judicial or other proceeding will not be rendered inadmissible by reason of their use in the facilitation.

Exclusion of Liability [fa icon="caret-right"]

12. Neither JAMS International nor any facilitator will be liable to any party for any act or omission alleged in connection with any facilitation conducted under these Rules.

Interpretation and Application of the Rules [fa icon="caret-right"]

13. The facilitator will interpret and apply these Rules insofar as they relate to the facilitator’s duties and responsibilities. All other procedures will be interpreted and applied by JAMS International.

Administrative Fees [fa icon="caret-right"]

14. Unless otherwise agreed by the parties to the facilitation, all of JAMS International’s administrative fees and expenses, including, without limitation, the fees and expenses of the facilitator, will be divided equally between or among the parties to the facilitation.

Role of Facilitator in Other Proceedings [fa icon="caret-right"]

15. Unless all parties agree in writing, the facilitator may not act as an arbitrator or as a representative of, or counsel to, a party in any arbitral or judicial proceedings relating to the dispute that was the subject of the facilitation.

Resort to Arbitral or Judicial Proceedings [fa icon="caret-right"]

16. The parties undertake not to initiate, during the facilitation, any arbitral or judicial proceedings in respect of a dispute that is the subject of the facilitation, except that a party may initiate arbitral or judicial proceedings when, in its opinion, such proceedings either are necessary to toll a limitations period, including a statute of limitations that may be applicable, or are necessary otherwise to preserve its rights in the event that the facilitation is unsuccessful.

Governing Law and Jurisdiction [fa icon="caret-right"]

17. The facilitation shall be governed by, construed and take effect in accordance with the laws where the facilitation takes place. The courts of the state where the facilitation takes place have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the facilitation.

Termination of the Facilitation [fa icon="caret-right"]

18. Any of the parties may withdraw from the facilitation at any time and shall immediately inform the facilitator and the other representatives in writing. The facilitation will terminate when:

i. a party withdraws from the facilitation;

ii. the facilitator, at his/her discretion, withdraws from the facilitation; or

iii. a written settlement agreement is concluded.

The facilitator may also adjourn the facilitation in order to allow parties to consider specific proposals, get further information or for any other reason that the facilitator considers helpful in furthering the facilitation process. The facilitation will then reconvene with the agreement of the parties.

Settlement Agreements [fa icon="caret-right"]

19. Any settlement reached in the facilitation will not be legally binding until it has been reduced to writing and signed by, or on behalf of, the parties.

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