Category Archives: Arbitration

What is (A)DR About?

Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About?

On “Forced” Arbitration

Over the past year or so, critics of consumer and employment arbitration have coined a new term for what ADR scholars have historically called mandatory pre-dispute arbitration: “forced arbitration.” The most prominent example appears in the recent film produced by the Alliance for Justice titled Lost in the Fine Print. Narrated by Robert Reich, the movie draws on … Continue reading On “Forced” Arbitration

AFJ/SALT Reception at AALS to Screen “Lost in the Fine Print”

The Alliance for Justice and SALT will host a reception at 8:30 p.m. on Saturday, January 3 in conjunction with the AALS Annual Meeting in Washington, DC. The reception will feature a screening of the short film Lost in the Fine Print: Examining the Impact of Forced Arbitration. The film will be followed by brief comments … Continue reading AFJ/SALT Reception at AALS to Screen “Lost in the Fine Print”

Industry Response to Consumer Arbitration Study

Alan Kaplinsky and Mark Levin, Ballard Spahr attorneys writing on their CFPB Monitor blog, have offered their initial thoughts on the study of consumer understanding of arbitration agreements that my St. John’s colleagues and I recently posted. My colleague Jeff Sovern has posted a full response at the Consumer Law & Policy Blog. I’ll just add … Continue reading Industry Response to Consumer Arbitration Study

Gilles & Sebok on Crowd-Classing Individual Arbitrations

In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They suggest that enterprising plaintiffs’ attorneys have two potentially viable avenues for making it financially viable … Continue reading Gilles & Sebok on Crowd-Classing Individual Arbitrations

Strong on Class, Mass, and Collective Arbitration discussed at ITA-ASIL Conference

Stacie Strong (Missouri) sends this dispatch from the recent Institute of Transnational Arbitration – American Society of International Law (aka ITA-ASIL) conference in Washington D.C. ———————————— The last few years have seen a significant number of judicial opinions concerning class arbitration in the United States, both from the U.S. Supreme Court (American Express Co. v. … Continue reading Strong on Class, Mass, and Collective Arbitration discussed at ITA-ASIL Conference

Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration

Semi-regular guest blogger Jean Sternlight (UNLV) brings us news from Public Justice’s take on the “bait and switch” going on in consumer arbitration. ———————————– Public Justice, a public interest law firm that has been fighting mandatory consumer and employment arbitration for many years, recently posted a very interesting piece by Senior Attorney Paul Bland (here) … Continue reading Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration