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

Suggested Resources

Research

All Results for Alternative Dispute Resolution (ADR)/Arbitration

  1. 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

  2. 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

  3. Arbitration Survey | March 7-11, 2019

    May 11, 2019 | Research

    ... Read More

  4. 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

  5. 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

  6. 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

  7. Unlikely Allies: Trial Lawyers and Conservative Treasurers

    December 10, 2018 | News

    A Legal Newsline report in Forbes details the unusual alliance between class action trial lawyers and free market state treasurers.... Read More

  8. In the News Today - October 18, 2018

    October 18, 2018 | News

    Attorney Asks: "Can Class Arbitration Even Work?"... Read More

  9. U.S. Supreme Court Upholds Arbitration Contracts

    May 22, 2018 | News

    In a 5-4 ruling yesterday, the U.S. Supreme Court upheld arbitration contracts between employers and employees.... Read More

  10. Supreme Court Accepts Case on Employment Arbitration in Transportation

    February 28, 2018 | News

    The U.S. Supreme Court announced that it would consider whether the Federal Arbitration Act (FAA) applies to independent contractors in the transportation industry, Reuters reports.... Read More