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Alternative Dispute Resolution

Apr. 23, 2025

Meet mass arbitration's new manager: The process arbitrator

See more on Meet mass arbitration's new manager: The process arbitrator

As mass arbitration cases multiply, a new approach to managing procedural complexities offers potential benefits to all parties.

Janice L. Sperow

Meet mass arbitration's new manager: The process arbitrator

Faced with arbitration clauses containing U.S. Supreme Court-sanctioned class action waivers, the plaintiffs' bar devised mass claims arbitration - thousands of individual arbitrations brought simultaneously against a single respondent to leverage the power of a class in the context of bilateral arbitration. The result: an often unwieldy, costly, procedural morass. Enter the process arbitrator - a third party appointed to oversee the mass arbitration process itself, not the individual ...

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