Alternative Dispute Resolution (ADR)/Arbitration

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Alternative Dispute Resolution (ADR) refers to methods and processes of resolving claims without litigation, such as arbitration, mediation, and small claims procedures. ADR can be formal or informal and provides a method to avoid the expense and inefficiency of litigation. Read More...

ADR is widely used in the U.S., where empirical studies demonstrate that it is cheaper, faster, and often offers more compensation for the consumer. There are also well-established ADR procedures in many of the EU member states and in other countries around the world.

Arbitration

Arbitration is an effective dispute resolution process where an independent third party reviews the facts of a case and applies the appropriate resolution, resulting in the avoidance of costly and time-consuming courtroom litigation. However, arbitration is now under attack by plaintiffs’ lawyers, who see it as a barrier to the expansion of profitable class action lawsuits. Class action lawsuits often lead to plaintiff lawyers pocketing millions of dollars in fees, while those they represent receive little or nothing of significant value from the settlement.

For many, arbitration is the better way to go as it produces resolutions much faster than class actions and other types of court-based litigation, which often last years. Arbitration also results in more money for employees and leads to decreased costs of legal fees for both sides. Eliminating arbitration will not only lead to litigation costs steadily increasing, but the courts demanding assignments will increase, leaving millions of Americans with very limited opportunities for restitution.

Legislative measures to limit the use of arbitration have largely been unsuccessful. Multiple bills and amendments that would have banned arbitration have been proposed and blocked since the early-2000s. Due to the clear advantages of arbitration over litigation in any number of situations, research shows that most Americans prefer arbitration as it puts money into the hands of individuals seeking just compensation, instead of feeding our nation’s excessive litigation monster.

Due to the clear advantages of arbitration over litigation in any number of situations, and the need to preserve this important dispute resolution process, ILR has established the Coalition to Preserve Arbitration. The Coalition’s membership is varied and broad. AT&T is one member of the Coalition and has provided legal and technical support on an in-kind basis in connection with our arbitration-related activities. This disclosure is being made to comply with the requirements of the Lobbying Disclosure Act of 1995, as amended by the Honest Leadership and Open Government Act of 2007.

Suggested Resources

Research

All Results for Alternative Dispute Resolution (ADR)/Arbitration

  1. ILR Research Review, Volume 6, Issue 2

    September 10, 2019 | Research

    This edition of the ILR Research Review covers four developments that represent a cross-section of the litigation challenges facing the American business community today, including: municipality lawsuits against energy producers; the unsuitability of private rights of action for protecting privacy; the enduring value of arbitration; and the urgent need to ensure fairness for defendants in multidistrict litigation proceedings.... Read More

  2. "Forcing More Litigation Isn't The Answer To Litigation Abuse"

    July 30, 2019 | News

    The director of the Progressive Policy Institute's Center for Civil Justice wrote in an op-ed that "now is not the time to ban [arbitration], but to enhance it."... Read More

  3. In the News Today - May 17, 2019

    May 17, 2019 | News

    ILR President Says "Only Winners Will Be Trial Lawyers" If Congress Takes Away Arbitration... Read More

  4. New Research Finds Employees Win More Money and More Often in Arbitration Than Litigation

    May 16, 2019 | News

    A new report from NDP Analytics found that employees who settled an employment suit in arbitration were "three times more likely to win in arbitration than in court."... Read More

  5. New Study: Workers Win More Money and More Often in Arbitration Than in Court

    May 16, 2019 | Press Release

    New Poll Also Shows More Than Six in Ten View Arbitration Favorably as a Way to Solve Disputes ... Read More

  6. Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration

    May 15, 2019 | Research

    Contrary to the assertions made by the opponents of arbitration, employees in disputes with their employer are more likely to win cases, get more compensation, and get it more quickly in arbitration than in litigation. This study, performed by ndp | analytics, examined nearly 100,000 cases between 2014 and 2018, including over 90,000 federal lawsuits and 10,000 arbitrations.... Read More

  7. Arbitration Survey | March 7-11, 2019

    May 11, 2019 | Research

    ... Read More

  8. In the News Today - April 25, 2019

    April 25, 2019 | News

    "Another Ninth Circuit Spanking;" Monsanto Says Judge in RoundUp Case May Have Been Influenced By PR Campaign... Read More

  9. SCOTUS Says Class Arbitration May Only Be Invoked If Specifically Authorized

    April 24, 2019 | News

    The U.S. Supreme Court ruled 5-4 that the class arbitration process can only be invoked if the arbitration agreement specifically authorized it, Law360 reports.... Read More

  10. Forced Litigation Benefits Only Lawyers, ILR President Rickard Says

    March 01, 2019 | News

    In Corporate Counsel, U.S. Chamber Institute for Legal Reform President Lisa A. Rickard (ILR) said bills that would eliminate arbitration are really a "forced litigation scheme that will cut most people off from justice" and enrich plaintiffs' lawyers.... Read More



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