AAA has sample rules for cases, which rules may be altered by agreement of the parties. AAA has several sets of rules, depending on the nature and amount of the case. Generally JAMS is more expensive than AAA, as retired judges charge more per hour, and expect more formal presentations from claimants, including formal briefs of legal and factual issues. If the parties cannot reach agreement, state law or the standard rules of the association may apply. Issues to be agreed upon include the scope of discovery, types of evidence admissible at the trial, and a wide variety of other topics.
Discovery is the stage of litigation in which each side gets to looks at the opponent's case.
As a philosophical issue, probably. As advocates, we assert the position which will assist our client best. We try to predict the nature of any claim by or against our client, and whether he has an advantage by arbitrating that claim. If our client will benefit from arbitrating a potential future claim, we encourage a well-drafted, customized, arbitration clause in the contract. This caused lawsuits by Buyers to compel performance by Sellers.