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Controversy from Talent Lawyer's Article on JAMS

By Patience Haggin

Arbitration provider JAMS is staying neutral, sort of, on an entertainment litigator's claim that it favors big studios in arbitrations and mediations. The claim, made by Bird Marella partner Ronald Nessim in a law review this summer, is essentially that JAMS has a lock on studio business, with the overwhelming majority of studio contracts reviewed by Nessim naming JAMS as the dispute resolution provider. See, “Mandatory Arbitration Provisions Involving Talent and Studios and Proposed Areas for Improvement,” UCLA Entertainment Law Review, Vol. 22, Issue 2 (2015).

That gives JAMS neutrals an incentive to favor the studios ' a repeat-player bias. “I have a lot of respect for JAMS and JAMS arbitrators,” Nessim, who typically represents talent in disputes, said recently. “They're no different than anybody else in the world. They make money if people designate them.”

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