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.

01/01/2019

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All Results for Alternative Dispute Resolution (ADR)/Arbitration

  1. Arbitration Ain't Broke, But Trial Lawyers Want To Fix It

    April 02, 2008 | Press Release

    A short article appeared in The New York Times on June 13, 1925 headlined 'Federal Court Cases Double in Ten Years.' From 1915, the number of cases had risen annually from nearly 63,000 to about 126,000. Despite their best efforts, the federal courts were drowning in cases, but change was coming. Four months earlier, Congress had passed the Federal Arbitration Act. ... Read More

  2. Bogus Attack on Arbitration Really about Plaintiffs' Lawyers' Right to Sue

    September 26, 2007 | Press Release

    WASHINGTON, D.C.-U.S. Chamber Institute for Legal Reform President Lisa A. Rickard released the following statement on the arbitration system in response to recent trial lawyer-backed studies and legislation aimed at undermining arbitration and encouraging more class action lawsuits:

    "The plaintiffs' lawyers' attack on the arbitration system - a process that has helped consumers resolve disputes for more than 85 years - is nothing more than their latest attempt to enrich themselves by opening the door for more class action lawsuits.... Read More

  3. U.S. Chamber Releases Poll Showing Arbitration Faster, Simpler and Less Costly than Litigation

    April 13, 2005 | Press Release

    WASHINGTON, D.C. - A United States Chamber of Commerce Institute for Legal Reform (ILR) survey by Harris Interactive found wide satisfaction among individuals who chose arbitration over litigation to resolve a dispute.... Read More

  4. Anti-Arbitration Bill Sets Dangerous Precedent, Warns U.S. Chamber of Commerce

    June 07, 2000 | Press Release

    WASHINGTON, D.C., June 8, 2000 - In testimony before the House Judiciary Subcommittee on Commercial and Administrative Law, the United States Chamber of Commerce today criticized the Fairness and Voluntary Arbitration Act, H.R. 534, for undermining contracts and forcing businesses that have agreed to work through the arbitration process into the congested court system.... Read More

  5. Chamber Supports Keeping Binding Arbitration Current System Works to Settle Disputes Fairly

    February 29, 2000 | Press Release

    WASHINGTON, D.C., March 1, 2000 - The United States Chamber of Commerce called on Congress to maintain the current binding arbitration system for workplace disputes, in testimony before the Senate Judiciary Committee.... Read More