Employment Mass Arbitration

Employment Mass Arbitrations are those cases where the American Arbitration Association® (AAA®) determines in its sole discretion that the following conditions are met:

  • Twenty-five (25) or more similar demands for arbitration or a global request for mediation are filed against or on behalf of the same party or related parties;
  • Representation of the parties is consistent or coordinated across the cases; and,
  • The Employment/Workplace Fee Schedule or the Consumer Fee Schedule applies.

In the context of employment dispute resolution, the American Arbitration Association is unsurpassed in its expertise. The AAA administers thousands of employment arbitrations every year, not including Mass Arbitrations. The AAA’s panel of arbitrators is experienced in deciding employment claims and is larger and more geographically diverse than any other dispute resolution provider. 

As a not-for-profit entity, the AAA is committed to ensuring that its fees do not interfere with its mission of fair, effective, efficient and economical dispute resolution.

As the leader in this field, the AAA developed the Mass Arbitration Supplementary Rules to streamline the administration of Mass Arbitrations. The Rules and the additional guidance to parties on measures to consider for saving time and costs in a Mass Arbitration are intended to provide parties and their representatives with a fair, effective, efficient and economical path toward the resolution of Mass Arbitrations. Click here to read the Today’s General Counsel article - How has Mass Arbitration Evolved and Where is it Going? - featuring AAA Vice President Neil B. Currie.

Note on bellwether provisions: The enforceability of bellwether provisions is an evolving area of the law, and the AAA takes no position on these provisions or their enforceability.

Filing Requirements

The filing requirements for Mass Arbitrations are set out in MA-2 of the Mass Arbitration Supplementary Rules. For any caseload that qualifies as a mass arbitration, the AAA requires the following: 

  • Case-Filing Spreadsheet: a spreadsheet that provides information about each Claimant. The spreadsheet must include information for each individual matter, and all columns must be completed. It also must include the individual address for each Claimant. Please see the sample data provided in the first two lines, which should be deleted prior to submission. 

    Click here for the spreadsheet.
     
  • Affirmation: an affirmation that the information provided for each individual case is true and correct to the best of the representative’s knowledge.

    Click here for a sample affirmation.

  • List of Representatives/Counsel: a separate list of all representatives/counsel. This list must include all individuals involved for both Claimants and Respondent, along with their email addresses and phone numbers. Representatives include those individuals who will need access to case documents and billing.
     
  • Arbitration Agreement/Court Order: Pursuant to Rule 4 of the AAA’s Employment Arbitration Rules, the filing party must also include a copy of the applicable arbitration agreement. If the arbitration is pursuant to a court order, the claimant must provide a copy of the court order.
     
  • Demand for Arbitration/Request for Mediation: a separate Demand for Arbitration or Request for Mediation submitted for each matter filed. Pursuant to MA-2 of the Mass Arbitration Supplementary Rules, each Demand or Request form must include the complete contact information for all parties and representatives.

    Click here for the Demand for Arbitration. Click here for the Request for Mediation. 

    Each Demand for Arbitration or Request for Mediation must be saved with a unique identifier. The identifier should correspond with the information on the spreadsheet noted above. Please see the first column in the spreadsheet. For example, if the unique identifier on the spreadsheet is 1, then the demand for arbitration should be saved as and provided to the AAA as 1.pdf.  
Submission Instructions

To initiate a Mass Arbitration, please complete the following steps:

1.    Request a ShareFile Link: Email MassArbitration@adr.org to request a secure ShareFile
       link to upload your documents. Please note, AAA’s ShareFile platform must be used.
       No other file sharing platforms are accepted.

2.    Prepare Your Submission:

  • Complete the provided spreadsheet.
  • Complete a comprehensive list of all representatives and counsel involved.
  • Attach the arbitration agreement(s) or court order(s) relevant to the cases.
  • Attach an affirmation that the information provided for each individual case is true and correct to the best of the representative's knowledge.
  • Follow the case identifier requirements noted above.
  • Use the secure ShareFile link provided by AAA to upload all Demands and case documents.
     

3.    Submit Documents:  Send the completed spreadsheet, list of all
        representatives/counsel, arbitration agreement/court order, ShareFile link, and
       a cover email to MassArbitration@adr.org, with a copy to the opposing party.

4.    Questions? Contact Us: If you have any questions or need assistance, reach out to us: