Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:03/22/2024

  Type:Customer Service Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  In November of 2023 I participated in a JAMS mediation for a business dispute. Mediator was *************************, billing $1500/hr plus attorneys costs on both sides. All in all about $25k was spent by each party for the preparation of mediation statements, session time, etc.I would have expected there to be some sort of evaluative assessment to help the parties reach a resolution since the former judge was regarded as many to be the strongest mediator in the area.*** and behold, he bills 14 hours (including for his lunch break in his own home [zoom was used]), for basically just shuttling back and forth between 2 zoom rooms and asking if the other party is ready to settle yet.He also has a list of 7 reasons that he walks both parties through on why you should not *** each other.That's it! ****, bye bye $25k. And they are still billing me for extra "services rendered" despite the lack of resolution due to the Judge failing to provide an evaluative opinion to facilitate a resolution.After going through this process, I can offer no better than an absolutely terrible recommendation (0/10) for JAMS mediation services if both sides think they have a legitimate case.JAMS is really giving people false hope thinking that they will be hammering both sides to create a resolution. That's simply not what's happening. Save your money and stay away from this borderline criminal misrepresentation of a service provider.I have asked the mediator to provide an evaluative assessment, and he refused. They are holding the extra billing as valid which is abhorrent given the abysmally low quality of service provided.

  Business Response

  Date: 06/10/2024

  Thank you for giving us an opportunity to respond. 

   

  Both sides were represented by counsel for this mediation.  Both sides agreed to the fee arrangement in advance in a signed engagement agreement.  The mediators fees were split between the parties.  The customer was billed far less than the amount he references in his complaint. The mediator spent considerable time before the session to understand a complex and multi-layered business dispute.  He prepared a detailed memorandum for the parties and their counsel describing numerous issues that would need to be addressed /resolved if the matter proceeded to litigation.  Neither attorney has expressed any dissatisfaction with mediators work.  The mediator believes he did his job and charged appropriately for his time spent. 

   

  Thank you again.

   

  Kind Regards,

  ****************************** (She/Her/Hers) Business Manager ******* | ************ | ********* JAMS - Local Solutions. Global Reach. ************************************************************************************************* P: ************** | C: ************ | F: ************ E:************************************* www.JAMSADR.com Follow us on: Learn more about ourVirtual and Hybrid capabilities. Learn more about ourDiversity, Equity and Inclusion at JAMS.

  Customer Answer

  Date: 06/10/2024

   
  Complaint: 21475028
  
  I am rejecting this response because the business skirted the issue with their response, an issue which is still unresolved. To reiterate: the problem is that the funds invested for the mediation resulted in a lack of resolution due to the Judge failing to provide an evaluative opinion to facilitate a resolution.
  
  The judge did indeed prepare and provide a detailed memorandum, but then failed to address any of the issues posed in the memorandum to the parties by way of an evaluative opinion. The number quoted in the complaint (roughly $25k per party spent) is accurate. A chunk of those costs were obviously paid to the attorneys for each party for the preparation of JAMS mediation statements for the mediator, while the remainder was paid directly to JAMS. It was also not clear that JAMS would be billing over and above the exceptional retainer cost of $21000 without first checking with the parties.
  
  The issue is very much still unresolved.
  
  
  Sincerely,
  
  Pw P

  Business Response

  Date: 07/17/2024

  JAMS does not guarantee that a mediation will result in a resolution.  A mediator cannot force the parties to settle their dispute.  The customer complains that he did not receive an evaluative opinion, but an evaluative approach may not be feasible or appropriate in every situation.  Before the session, the parties received the mediators fee schedule and signed an Engagement Agreement for his services.  The Engagement Agreement included extra session time and any additional services or work.  JAMS has no knowledge of or control over how much parties pay their attorneys.  We understand the customer is unhappy, but the mediator spent considerable time on this matter and believes he charged appropriately.

   

  Thank you!

   

  Kind Regards,
  	****************************** (She/Her/Hers) Business Manager ******* | ************ | ********* JAMS - Local Solutions. Global Reach. ************************************************************************************************* P: ************** | C: ************ | F: ************ E:************************************* www.JAMSADR.com Follow us on: Learn more about ourVirtual and Hybrid capabilities. Learn more about ourDiversity, Equity and Inclusion at JAMS.

  Customer Answer

  Date: 07/17/2024

   
  Complaint: 21475028
  
  I am rejecting this response because the:business' response attempting to address the crux of the matter "an evaluative approach may not be feasible or appropriate in every situation" is completely absurd. The parties were asking for an evaluative approach during the mediation and yet this was not provided by the mediator. The entire day was spent shuttling back and forth providing no analysis on the case.

  
  Sincerely,
  
  ***********************