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SCOPE OF SERVICES <br />ADR Spectrum <br />• Direct Negotiation <br />• Neutral Evaluation <br />• Modiative Processes <br />• Facilitative Medlatlon <br />• Evaluative Mediation <br />• MIN -Trial <br />• Non -Binding Arbitration <br />• Neutral Expert Fact -Finding <br />• Adjudicative Processes <br />• Arbitration <br />Alternative Dispute Resolution (ADR) <br />At JAMS, clients are assisted by expert, professional neutrals (retired judges and attorneys) <br />who use a full range of dispute resolution processes between direct negotiation and litigation to <br />achieve resolution. <br />In Direct Negotiation the parties collectively retain complete formal and informal control over <br />the process and its outcome Including; <br />• the ground rules and the agenda <br />• the selection of the neutral <br />• the place and timing of the negotiation <br />• use of their own negotiation styles and strategies <br />• when and how they communicate, listen and convey reactlons <br />• whether to obtain outside information, comment, or feedback and if so, whether to introduce <br />it <br />• the decision to and the process at any time <br />• .the ablilty to discuss and agree upon Issues and solutions that need not relate directly to the <br />subject matter of the dispute <br />• the acceptance of an outcome unless mutually agreed upon <br />Neutral Evaluation is a non-binding process in which the parties retain a neutral to provide an <br />evaluation based solely on the merlts of the case. The neutral; <br />• reviews the factual and legal positions of the parties either through briefs or oral arguments <br />• evaluates what the likely jury outcome might be <br />• provides his or her view of the likely/fair results <br />• is not retained to facilitate the parties negotiations <br />In litigation, the parties have minimal control over process or outcome: <br />• the court retains ultimate authority, interpreting and applying the rules of civil litigation <br />• the court sets discovery deadlines, conference dates and trial dates <br />• the neutral deolslon-maker is determined by the court <br />• the rules of trial practice and evidence in the presentation of the case must be followed <br />• parties are bound to the facts found and decisions made by judge and jury, subject to limited <br />right of appeal <br />• only narrow forms of remedies are available --an award of money damages or limited <br />Injunctive relief <br />