Deborah Greenspan, Fredric Brooks, Michael Panter, and Jonathan Walton
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This article addresses recent developments in Alternative Dispute Resolution.
At the forefront of hot topics during the past year sits the ongoing debate over provisions mandating individualized arbitration in disputes arising out of consumer contracts and employment agreements. Such provisions often do not just require arbitration, but also may explicitly (or be found to implicitly) prohibit the use of class or collective action, either in court or in an arbitration provision. This article discusses developments in the case law and in actions taken by federal agencies that address the explosive growth in the use of such provisions. How these issues will play out in the courts and in the context of the changing political landscape is yet to be known.