Not on Your Own Terms: The Problem with Drafting Mass Arbitration Provisions for Consumer Contracts

Litigation attorneys Martin Durkin and William Farley co-authored an article in the Dispute Resolution Journal examining court rulings on mass arbitration provisions in consumer contracts, such as the U.S. Court of Appeals for the Ninth Circuit's decision in Heckman v. Live Nation Ent., Inc. They highlight how companies are responding to the mass arbitration trend by revising "terms of use" to incorporate "batching" claims and "bellwether" claims, yet these often exacerbate issues with excessive fees and procedural difficulties. Advocating for a "less is more" approach, the authors suggest flexible and fair arbitration terms to better adapt to this evolving field.

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