Mass Arbitration: Tactics and Lessons from the Trenches (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Winthrop & Weinstine, P.A.)

This session explores how mass arbitration has evolved as companies adopt class action waivers and arbitration clauses in consumer contracts. Participants will learn the key distinctions between mass arbitration and traditional class actions, including how plaintiffs’ counsel leverages technology to efficiently manage thousands of claimants.

This session examines how filing fees, administrative costs, and arbitrator expenses create significant financial leverage for plaintiffs in mass arbitration. Attendees will understand why corporations face upfront costs of $2,000-$3,000 per claimant while plaintiff filing fees remain nominal, fundamentally shifting settlement dynamics.

This session addresses the unique difficulties of defending against hundreds or thousands of similar but individualized claims across multiple arbitration forums. Participants will explore how to maintain consistency in defense positions while managing resource constraints and coordinating across multiple law firms.

This session provides actionable strategies for coordinating national defense efforts and avoiding siloed approaches when multiple firms represent the same client. Attendees will learn about global settlement frameworks, optimal timing for resolution discussions, and the importance of consistent witness testimony across proceedings.

This session covers essential organizational techniques including maintaining unified document production approaches and developing internal protocols for quality control. Participants will gain insights into proactive measures such as auditing arbitration agreements and building in procedural safeguards before disputes arise.