Alternative Dispute Resolution, Sponsored by Civil Procedure and Labor Relations and Employment Law

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Session Type: Section Programs

Session Capacity: N/A

Location: Hilton New Orleans Riverside

Room: Grand Salon Section 9

Floor: First Floor

This program will present multiple perspectives about addressing access to justice problems caused by the widespread inclusion of arbitration clauses in employment, consumer, and other adhesion contracts (sometimes called “mandatory arbitration”). These problems include adhesive class action waivers, delegating arbitrability and other decisions to arbitrators with limited judicial review, and Federal Arbitration Act preemption of state law regulating adhesion arbitration. Panelists will discuss adhesion arbitration reform ideas, such as mass arbitration, using technology to enhance process fairness, adhesion arbitration procedural reforms, and rethinking federal regulation of adhesion arbitration, along with other possible legislative, judicial, and stakeholder reform ideas.