Mitigating Mass Arbitration: Revising Arbitration Clauses and Rethinking Defense Strategies

Recording of a 90-minute CLE video webinar with Q&A

Conducted on Wednesday, September 29, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss how counsel can mitigate the cost of mass arbitration through contractual and litigation solutions. The program will explore the rise of mass arbitration, recently developed mass arbitration protocols, and the logistics of running a mass arbitration, as well as discuss the litigation and contractual options available for defendants anticipating and facing mass arbitration.


Class action waivers and mandatory arbitration clauses in consumer, employment, and service contracts have not always generated the savings and efficiency businesses hope for. Instead of a class action, defendants may face thousands of simultaneous individual demands for arbitration, resulting in significant costs and payment of nonrefundable fees.

Non-meritorious claims are often impossible to weed out before arbitrations are commenced and fees and costs are incurred. Many disputes arise over arbitrability, but courts are divided over who decides those issues and often view defendants' hardships bargained for results. Mass arbitration protocols have been developed but may not apply or be enforceable.

Nonetheless, counsel for defendants do have a range of options for stemming and managing mass arbitration, both in contract and in the proceedings themselves.

Listen as this panel of class action attorneys discusses what counsel must know about mass arbitration, mass arbitration protocols, and effective options for defendants seeking to address mass claims.



  1. Rise of mass arbitration
  2. Problematic language in contracts
  3. Defense responses
    1. Contractual
    2. Litigation
    3. Mass arbitration protocols


The panel will review these and other pivotal issues:

  • How can class waivers and arbitration clauses be drafted to reduce the risk of mass arbitration?
  • Do courts decide arbitrability?
  • Are there any ways to shift costs and the risk of frivolous claims to plaintiffs?
  • What are the best options for rooting out invalid claims early in the process?
  • Are arbitration clauses more trouble than they are worth?


Conroy, Melanie
Melanie A. Conroy

Pierce Atwood

Ms. Conroy focuses her practice on class action defense and complex commercial litigation. She has experience in...  |  Read More

McCarthy, Michael E.
Michael E. McCarthy

Greenberg Traurig

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in...  |  Read More

Scott, Jeff E.
Jeff E. Scott

Greenberg Traurig

Mr. Scott is Co-Chair of the firm’s Global Litigation Practice. He is a nationally recognized trial lawyer with...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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