From Class Actions to Mass Arbitration: How Dispute Resolution Is Being Redefined

This session explores how mass arbitration emerged as a strategic response to Supreme Court decisions upholding class action waivers in arbitration agreements. Covering the historical context from AT&T v. Concepcion through recent cases like Heckman v. Live Nation, it examines how plaintiffs’ counsel has turned corporate-drafted clauses against the companies that created them. The session also addresses emerging legal tensions around unconscionability, bellwether procedures, and what the future holds for corporate dispute resolution.

A brief intermission allowing attendees to refresh before the next session. This break provides an opportunity to process the complex material covered in Session 1 on mass arbitration origins and developments.

This session surveys key U.S. Supreme Court rulings shaping arbitration law, including Epic Systems, Viking River Cruises, and the ongoing transportation worker exemption cases. Attendees will learn about navigating mass arbitration processes under the AAA’s amended rules and practical strategies for drafting effective arbitration clauses. The session concludes with best practices for mandatory arbitration provisions in employment agreements, including pre-filing requirements and batching procedures.