Prof. Glover is the author of the first major academic study of mass arbitration, which is soon to be published as a law review article. In Part II of this two-part podcast, we discuss the economics of mass arbitration, including the minimum claim amount necessary to make mass arbitration viable and how consumers’ recovery in arbitration compares with their recovery in class actions, the use of targeted advertising and other methods by plaintiffs’ attorneys to reach potential claimants, and changes companies might consider to their arbitration agreements to address the growing use of mass arbitration, such as changes addressing cost sharing and carve outs for claims eligible for adjudication in small claims court.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation.