Alternative Dispute Resolution, Co-Sponsored by Sections on Civil Procedure and Litigation

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One or more additional presenters will be selected from a call for papers.

Over the past twenty-five years, the volume and types of disputes subject to binding arbitration -- particularly as a result of pre-dispute arbitration agreements included in consumer, employment and health care insurance contracts -- have grown dramatically.  During this period, the U.S. Supreme Court has issued a series of arbitration law decisions on such topics as the availability of class arbitration, the preemptive effect of the Federal Arbitration Act (FAA), the scope of judicial review of arbitral awards under the FAA, the enforceability of mandatory pre-dispute arbitration agreements, and the arbitrability of public law claims.  These often controversial decisions have had a significant impact on businesses, consumers and the workplace and have transformed much of the U.S. economy's dispute resolution landscape.  This program will explore the future of arbitration in light of these Supreme Court decisions, including the federalism, class litigation, and access to justice implications of these cases.

Business Meeting at Program Conclusion.