In this episode of The Consumer Finance Podcast, host Chris Willis is joined by litigation partners Massie Cooper and Kalama Lui-Kwan to unpack the rapidly evolving world of mass arbitration and the recent developments reshaping how these disputes are filed, administered, and resolved.
Massie and Kalama trace mass arbitration’s origins as a response to class action waivers, then break down how the major alternative dispute resolution providers have restructured their procedures to handle massive claimant volumes, from process arbitrators and sworn attestations to flat fees and global mediation options. They also walk through a fast-moving line of appellate decisions that are defining who decides fee disputes, when courts can compel arbitration to continue, and how far providers can go in consolidating claims.
The conversation also turns to artificial intelligence’s (AI) growing role on both sides of the table, from claimant-side tools that manage rosters and flag anomalies to provider-side AI standards and AI-assisted arbitration procedures, and the due process and verification questions that come with it. Massie and Kalama close with practical takeaways for companies, including periodically reviewing arbitration agreements, confirming provider registration requirements, and building AI verification protocols into their compliance programs.
Transcript: Mass Arbitration Unpacked: Provider Rules, Court Decisions, and the Rise of AI (PDF)