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Arbitration Settlement Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Troutman Pepper Locke

Trends in Mass Arbitration

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Mass arbitration continues to be a significant and evolving issue in the legal landscape, particularly for consumer, healthcare, and employment disputes. The American Arbitration Association (AAA) recently released data from...more

Warner Norcross + Judd

Spring Cleaning Your Dispute Resolution Terms and Conditions: Tips for Avoiding Mass Arbitrations

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Mandatory arbitration provisions, combined with class action waivers, are a common element of consumer-facing terms and conditions. Unfortunately, in recent years, plaintiffs’ counsel have moved from fighting these provisions...more

Skadden, Arps, Slate, Meagher & Flom LLP

The AAA’s Infographic and the Continued Abuse of Mass Arbitration

On April 15, 2025, the American Arbitration Association (AAA) distributed an infographic with statistics on mass arbitration in 2024, which could be read to suggest that the consumer mass arbitration process is functioning...more

JAMS

Making Arbitration More Efficient Is the Responsibility of All Participants

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The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids unnecessary delays and expenses. However, users of both domestic and international...more

JAMS

The Power of Choice: How Flexibility in Arbitration Drives Better Outcomes

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Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of the parties. But to fully realize these benefits, flexibility is key. The...more

CDF Labor Law LLP

PAGA Update: Key Lessons for Defending and Settling PAGA Cases

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Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1.  Rodriguez v. Packers Sanitation Services LTD., LLC...more

JAMS

A Potentially Less Expensive and More Effective Arbitration Process

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Have you ever handled a case that was difficult to settle because of a single disputed fact? Party A insists something is black, while Party B argues just as adamantly that it is white. These types of factual disputes often...more

Offit Kurman

How Mediation and Arbitration Can Be Effective Alternatives to Traditional Litigation

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Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more

Fuerst Ittleman David & Joseph

The Role of Delegation Clauses in Motions to Compel Arbitration When Your Family Member Signs an Arbitration Agreement

It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in...more

Mayer Brown

JAMS Adopts New Mass Arbitration Rules and Fee Schedules

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For businesses that use consumer and workplace arbitration agreements designating JAMS as their arbitration administrator, there is an important new development: JAMS has announced new Mass Arbitration Procedures and...more

Paul Hastings LLP

Federal Case Challenges Mass Arbitration “Shakedown” Amid Recent Amendments to AAA Rules

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A recent complaint against plaintiffs’ firm Zimmerman Reed directly challenges the law firm’s mass arbitration tactics and alleged “weaponization” of a California privacy statute. The complaint comes as arbitration...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Perkins Coie

Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration Fees

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The U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

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On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Fenwick & West LLP

Top SCOTUS Cases that Matter for Tech, Life Sciences and Games Industries – 2018 Term Preview

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As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more

Littler

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

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In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

Robinson+Cole Class Actions Insider

Highlights From DRI Class Action Seminar 2017 – Day Two

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

Troutman Pepper Locke

January 2017 Independent Contractor Misclassification and Compliance News Update

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January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Proskauer Rose LLP

Three Point Shot - November 2016

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Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Saul Ewing LLP

Reinsurance Redux - March 2013

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In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more

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