ABSTRACT
Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing these high-volume disputes. Simultaneously, technological advances have transformed dispute resolution through online arbitration (OArb) and artificial intelligence (AI). Attorneys and arbitrators now use AI in a variety of ways, along with basic digital tools and virtual hearings to reduce costs and increase accessibility. More recently, agentic AI, sophisticated systems capable of autonomous decision-making and multi-step problem-solving, has entered the arbitration landscape. This article examines the intersection of AI technology and mass arbitration, exploring how AI tools can help enhance efficiency and accessibility if used appropriately and in accordance with strict ethical requirements. The article analyzes the development of mass arbitration, traces the evolution of AI tools in this context, grounds the discussion in ethical standards, and provides frameworks for responsible AI implementation in mass arbitration proceedings.
Schmitz, Amy J, Promise and Pitfalls of AI In Mass Arbitration (January 20, 2026), Ohio State Legal Studies Research Paper No 962; Forthcoming in the Cardozo Journal of Conflict Resolution.
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