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Mitigating Mass Arbitration: Revising Arbitration Clauses and Rethinking Defense Strategies

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 13, 2022

Recorded event now available

or call 1-800-926-7926

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 high costs and payment of nonrefundable fees.

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

Nonetheless, defendants' counsel have a range of options for stemming and managing mass arbitration, both in the 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 practical 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 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?


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

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

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