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Guidelines for Use of Clerks and Tribunal Secretaries

JAMS arbitrators may use Clerks or Secretaries under the following guidelines:

  • The Tribunal's use of Clerks or Secretaries must be approved by the parties after disclosure. Clerks or Secretaries must complete a separate conflicts disclosure form which will be provided by JAMS and made available to the parties.
  • The arbitrator should explicitly disclose with other initial disclosures or as early as practicable in the fee agreement, fee schedule, engagement letter, scheduling order or other writing, that he or she intends to use a Clerk or Secretary or that it is the practice of the arbitrator to regularly use such assistance.
  • The arbitrator's disclosure regarding the use of a Clerk or Secretary will state the types of tasks assigned to the Clerk or Secretary, e.g., research and/or drafting. At no time can a Clerk or Secretary engage in deliberations or decision-making on behalf of an arbitrator or tribunal.
  • If a Clerk or Secretary is to be billed to the parties, that must be stated in the disclosure or fee agreement, including the amount that clients will be billed for Clerk or Secretary time.

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This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation.  JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended.  This website is for informational purposes only and does not constitute a complete description of JAMS services. While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. 

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