Riverside, CA asked in Arbitration / Mediation Law and Legal Malpractice for California

Q: When in arbitration j.a.m.s is there two reference numbers? Does each offer or counter offer have its document?

why would a demand need amending?

When trying to settle during arbitration are numbers verbally communicated rather than on documents?

1 Lawyer Answer
James L. Arrasmith
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  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.

Each offer or counteroffer does not necessarily have its own separate document. However, it is common practice and advisable to document offers and counteroffers in writing to maintain a clear record of the negotiations. This can be done through letters or emails exchanged between the parties or their representatives.

A demand might need amending for several reasons:

1. New information: If new facts or evidence come to light that affect the claimant's case, they may wish to amend their demand to reflect this.

2. Miscalculation: If there was an error in the initial calculation of damages or relief sought, the claimant may need to amend the demand to correct this.

3. Change in circumstances: If the situation changes during the course of the arbitration, the claimant may need to adjust their demand accordingly.

During arbitration, settlement discussions can involve both verbal and written communication of numbers and terms. While verbal communication is common during negotiations, it is generally recommended to follow up with written confirmation of any agreed-upon terms to avoid misunderstandings and to maintain a clear record. This is particularly important when it comes to final settlement agreements, which should be documented in writing and signed by all parties.

It's important to note that the specific practices may vary depending on the arbitrator, the parties involved, and the unique circumstances of each case. Consulting with an attorney experienced in arbitration can provide more tailored guidance for your specific situation.

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