Mass Arbitration Series, Part 2: JAMS’ Process

Описание: On this episode of The Arbitration Acumen Podcast, J.P. Duffy is joined by Elizabeth Carter, senior vice president at JAMS and a principal drafter of the JAMS Mass Arbitration Procedures, for a deep dive into mass arbitration—what it is, why it has surged in recent years and how institutions and parties are responding. Drawing on real-world experience, J.P. and Elizabeth explore the legal, procedural and economic dynamics of mass arbitration and offer practical guidance for in-house counsel navigating this rapidly evolving landscape.

Episode Highlights
[3:18] What Is Mass Arbitration, and Why It Matters: J.P. and Elizabeth define mass arbitration as a legal strategy involving dozens, hundreds or even thousands of individual arbitration filings asserting similar claims against the same company. Elizabeth explains how mass arbitration has emerged largely as a response to class action waivers in consumer and employment contracts, fundamentally reshaping dispute resolution strategy for both companies and claimants.

[7:07] Mass Arbitration Versus Class Actions: J.P. and Elizabeth unpack the key differences between mass arbitration and traditional class action litigation, including confidentiality, opt-in versus opt-out structures, individualized awards and procedural speed. The discussion highlights why mass arbitration can be both a powerful tool for claimants and a significant operational and financial challenge for companies.

[9:32] The Rise of Mass Arbitration at JAMS: Elizabeth traces JAMS’ experience with mass arbitration from its early appearances in 2017–2018 to the sharp increase in filings beginning around 2020. She discusses why consumer disputes dominate this space and how arbitration agreements and their drafting have played a central role in driving the trend.

[14:23] Inside the JAMS Mass Arbitration Procedures: J.P. and Elizabeth focus on how the JAMS Mass Arbitration Procedures work in practice. Elizabeth explains the role of the process administrator, the flexibility built into the procedures and tools like batching, bellwethers and coordinated discovery that help parties efficiently move large numbers of cases toward resolution while preserving party autonomy.

[24:33] The Cost Equation: Why Procedures Matter: The conversation turns to one of the most pressing issues in mass arbitration: cost. Elizabeth contrasts the potentially massive filing fees associated with thousands of individual arbitrations against the streamlined, predictable fee structure available under the JAMS procedures, underscoring why economics have become a driving force behind procedural innovation.

[31:12] Looking Ahead: The Future of Mass Arbitration: The episode concludes with a forward-looking discussion on where mass arbitration is headed. While mass arbitration is unlikely to disappear, Elizabeth emphasizes that parties, institutions and counsel will continue pushing toward more efficient, contract-driven processes. She offers practical advice for companies reviewing their arbitration clauses to ensure they align with their dispute resolution goals.

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