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Mass Arbitration Logistics: New JAMS, AAA Rules, Fees; Process Arbitrators; Batching; Streamlining Tactics

Strategies, Tips, and Tools When Resolving a Vast Number of Cases on the Merits

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 22, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer practical guidance to counsel concerning the logistics of actually proceeding through a mass arbitration, not just how to mitigate the possibility, although mitigations affect strategy and options. The panel will discuss the mass arbitration rules for JAMS and the American Arbitration Association (AAA), who decides procedural issues, how evidence is obtained and presented, batching and its limits, preclusion, selecting arbitrators, and more.

Description

Although class action waivers and arbitration clauses are still considered the best defenses against class actions, they have led to a rise in mass arbitrations, which have utterly disrupted the existing dispute resolution framework. So much so that both JAMS and AAA now have rules and updated fee schedules for mass arbitrations.

Although these rules have mandatory mediation requirements to encourage early resolution, mediation can fail. When mediation fails, counsel need to know how to get all the cases through the arbitration process in a timely manner given that each case must be decided individually.

Arbitrators and parties alike may want to consider agreeing to certain streamlining processes, such as having some witnesses testify only once, examining key documents only once, or deciding certain legal issues at the beginning. Many of the procedural practices used in class actions and MDL litigation may prove useful in mass arbitration.

Listen as our renowned and experienced panel of class action lawyers discusses the logistics of actually prosecuting and resolving mass arbitrations.

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Outline

  1. Mass arbitration rules overview
  2. Recurring procedural issues
  3. Selecting arbitrators
  4. Presenting the cases
  5. Preclusive effects

Benefits

The panel will review these and other key issues:

  • What is a global mediator?
  • What is a process arbitrator and what disputes fall within his purview?
  • Can arbitrators decide common questions of law and bind all claimants?
  • Who selects the arbitrators and how many of them are needed for 50, 500, or 50,000 cases, perhaps in many different jurisdictions?

Faculty

Herrington, Robert
Robert J. Herrington
Co-Chair, Class Action Litigation Group
Greenberg Traurig

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false...  |  Read More

Ranlett, Kevin
Kevin S. Ranlett
Partner
Mayer Brown

Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class...  |  Read More

Sandy, James
James W. Sandy
Member
McGlinchey Stafford

Mr. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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