Through the creation of the Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases ("Discovery Protocols"), JAMS aims to provide its arbitrators "with an effective tool that will help them exercise their sound judgment in furtherance of achieving an efficient, cost-effective process which affords the parties a fair opportunity to be heard." Attorneys, especially those more familiar with litigation procedures, often impede the arbitration process with overly burdensome discovery gathering techniques. The Discovery Protocols are an attempt by JAMS "to help attorneys better manage arbitration" and "avoid undue expense and delay." The Discovery Protocols, which became effective January 6, 2010, provide JAMS arbitrators with twenty-seven factors to "consider when determining the appropriate scope of discovery." Through the publication of discovery procedures which balance efficiency with the protection of due process, JAMS hopes that the Discovery Protocols will serve as an archetype for the alternative dispute resolution community.
Scott C. Denlinger, JAMS Provides Navigation Through the Obstacle Course of Discovery, 3 238 (2011).