Litigation & Arbitration,
Civil Litigation,
Alternative Dispute Resolution
Sep. 11, 2018
Create incentives for plaintiffs to choose arbitration
A study of 40,775 cases administered by the AAA, JAMS, ADR Services, and Kaiser reveals why states should create incentives for plaintiffs’ lawyers to pursue claims in the arbitral forum.
Forced arbitration has long been controversial. In the 1980s, the Supreme Court expanded the Federal Arbitration Act, sparking debate about whether private dispute resolution is an elegant alternative to litigation or a rigged system that favors corporations. Recently, these issues have resurfaced, as the court has decided a rash of cases -- including its blockbuster 2011 decision in AT&T Mobility LLC v. Concepcion -- mandating that low...
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