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.

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Research

All Results for Alternative Dispute Resolution (ADR)/Arbitration

  1. CFPB's Anti-Arbitration Rule Hurts Consumers

    August 04, 2017 | News and Blog

    Despite using its own data to craft its anti-arbitration rule, the CFPB "paints an incomplete picture of how arbitration compares to class action suits," says the American Action Forum.... Read More

  2. GOP Lawmakers Introduce Measures to Repeal CFPB Rule

    July 21, 2017 | News and Blog

    More than a dozen Republican senators, including most GOP members of the Senate Banking Committee, introduced a resolution Thursday morning to repeal the CFPB rule under the Congressional Review Act (CRA), writes the Hill. ... Read More

  3. Supreme Court Urged to Enforce Class-Action Waivers in Workplace Arbitration

    June 12, 2017 | News and Blog

    Several companies urged the U.S. Supreme Court last week to enforce class-action waivers in workplace arbitration agreements, writes Reuters.... Read More

  4. In the News Today - February 27, 2017

    February 27, 2017 | News and Blog

    The number of class action lawsuits filed in Canada more than doubled in 2016 compared to the year before according to a report from NERA Economic Consulting. Additionally, the report found that a U.S.-listed company is six times more likely to get hit with a securities suit than a Canadian listed company.... Read More

  5. U.S. Supreme Court to Rule on Legality of Workplace Arbitration Agreements

    January 17, 2017 | News and Blog

    The U.S. Supreme Court justices agreed to take up the dispute over whether workplace arbitration agreements violate federal labor laws writes the National Law Journal.... Read More

  6. CMS Postpones Ban on Nursing Home Arbitration Agreements

    January 04, 2017 | News and Blog

    In a largely unnoticed memo sent to states and Medicare contractors last month, The Centers for Medicare and Medicaid Services (CMS) said the ban on nursing home arbitration agreements will not be enforced until an injunction against the agency is lifted.... Read More

  7. Media Continues to Cover ILR's Opposition to CFPB Anti-Arbitration Proposal

    May 06, 2016 | News and Blog

    The Wall Street Journal notes a U.S. Chamber letter warning that the rule could cause companies to stop using arbitration, eliminating an option that is "cheaper, faster and more effective at delivering relief to consumers."... Read More

  8. In the News Today - April 28, 2016

    April 28, 2016 | News and Blog

    NJ Legal Reform Group Provides Defense of Consumer Arbitration: "The biggest opponents of arbitration are plaintiffs' attorneys, who make their living in the courtroom. These attorneys are running a smear campaign against arbitration because they know that having a faster and cheaper process for resolving disputes will cut into their bottom line."... Read More

  9. In the News Today - April 7, 2016

    April 07, 2016 | News and Blog

    Madison County's High Number of Out-of-County Asbestos Filings Highlighted: In 2015, only six of 1,224 asbestos lawsuits (less than 1 percent) filed in Madison County, IL were on behalf of the county's residents. ... Read More

  10. ILR State Allies Blog Series: Tennessee Chamber of Commerce

    March 29, 2016 | News and Blog

    Tennessee is best known for its barbeque and country music, but the state is home to much more than that. To make sure that the state remains a friendly place for businesses to start and grow, the Tennessee Chamber of Commerce works to keep Elvis, not litigation, king.... Read More



1969-12-31