As businesses confront the complex intersections of law, politics and technology, the American Arbitration Association® (AAA) plays a crucial role in helping them navigate rising uncertainty. Under the leadership of President and CEO Bridget McCormack, we deliver impartial arbitration and mediation services that strengthen confidence in the rule of law and provide a stable path through disruption. With a growing focus on areas like AI liability, data governance and international trade, the AAA offers forward-looking tools to resolve disputes efficiently and fairly, helping companies maintain legal integrity while strengthening business resilience.
This mission resonates strongly with the themes explored in Sean West’s book, “Unruly: Fighting Back When Politics, AI and Law Upend the Rules of Business.” West outlines how evolving technologies and fractured political systems are reshaping the legal landscape. He warns that, as governments struggle to regulate AI, data privacy and digital platforms, businesses are increasingly caught in a fragmented and unpredictable regulatory environment.
McCormack’s review of “Unruly” affirms many of West’s insights, while contributing fresh data and perspective. Drawing from her experience and the AAA’s work, she emphasizes how alternative dispute resolution (ADR) offers a vital solution for companies facing complex legal risks. In times when traditional legal systems may falter, the AAA’s impartial ADR processes offer structure, fairness and efficiency.
Legal Unruling and Declining Integrity
West introduces the concept of a global "rule of law recession," noting that 76% of the world’s population now lives in countries where legal principles are eroding. This leads to what he calls “legal unruling”—a paradox where laws exist in abundance but are poorly enforced. As courts become unreliable, businesses and individuals are forced to seek private alternatives, sometimes even outside the law.
The AAA has responded by strengthening the integrity of its arbitration and mediation frameworks through a range of safeguards that promote fairness, civility and accountability. Our rules emphasize standards of professionalism and respectful conduct throughout proceedings. Arbitrators are required to maintain independence and impartiality, and panelists must disclose any interests, relationships or circumstances that could raise concerns about bias. This duty of disclosure continues throughout the arbitration process, reinforcing transparency and trust. We conduct regular performance reviews of our panel members and review party feedback. Each case is also assigned a dedicated case manager, providing a direct channel for parties to raise any concerns regarding an arbitrator’s ethics or impartiality. These protocols are supported by the codes of ethics and professional responsibility—all designed to uphold the credibility of arbitration at a time when confidence in public legal systems is under strain.
A Flood of Laws, a Shortage of Justice
Both McCormack and West highlight another paradox: the excess of laws without sufficient enforcement. In “Unruly,” West points to the overwhelming volume of statutes and regulations, which has created a system where nearly 70% of Americans unknowingly commit punishable offenses. Simultaneously, 92% of Americans cannot afford legal help, leaving many civil justice issues unresolved.
To address these gaps, the AAA is expanding access to justice through education and innovation. Through the AAA-ICDR Institute™, the organization shares best practices and champions bold innovations to streamline ADR. By demystifying the process and offering user-friendly tools, the AAA empowers both businesses and individuals to find fair and efficient paths to resolution. Initiatives like reduced or waived fees for consumer arbitration cases help ensure that cost is not a barrier to justice. Additionally, the launch of the Online Dispute Resolution (ODR) Innovation Clinic supports individuals from low- and moderate-income backgrounds in navigating complex court procedures.
Embracing AI Without Losing Integrity
Artificial intelligence holds both promise and peril for the legal system, West notes in his book. While it can enhance access to justice, it can also be misused—such as weaponizing litigation through automated filings. McCormack acknowledges these risks but remains optimistic. Under her leadership, the AAA is proactively incorporating AI to solve real problems, not create new ones.
Innovations like AAAi Chat Book offer instant guidance to self-represented parties. AAAi Panelist Search uses AI to match arbitrators more efficiently with appropriate cases, while ClauseBuilder® AI (Beta) helps users draft clear arbitration and mediation clauses. The AAAiLab™ functions as a knowledge hub at the intersection of AI and dispute resolution—curating thought leadership, monitoring emerging laws and regulations and offering practical guidance on the responsible integration of AI in ADR. As part of this mission, the AAA has developed a set of foundational “AAAi Standards for AI in ADR.” These principles—competence, confidentiality, advocacy, impartiality, independence and process improvement—guide how AI is evaluated and applied across AAA processes. They reflect our commitment to innovation grounded in legal integrity, transparency and the continuing responsibilities of human professionals within an evolving digital landscape
A Dependable Path Forward
In an era defined by political instability, rapid technological shifts and regulatory fragmentation, the need for fair, efficient and adaptable dispute resolution has never been greater. As West’s “Unruly” makes clear, navigating today’s legal landscape requires new strategies. The AAA offers exactly that—strategies grounded in integrity, powered by innovation and focused on helping our users find certainty in uncertain times.
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