Reuters Covers CPR's Mass Claims Arbitrator Program
December 23, 2019
For "Ex-Judge Atop Controversial Mass Arbitration Program: Give it a chance to work," Reuters interviewed former federal judge Shira Scheindlin, recently named administrative arbitrator of CPR's new mass claims program.
According to Scheindlin, who presided over several multidistrict litigation proceedings when she was a judge, the CPR protocols resemble the MDL settlement process. “You make the benchmark arbitration," she said. "That’s similar to what I call bellwether trials. You make that available to the mediator. Then the mediator tries to resolve everything. And then you have opt-outs.”
Likening the practicalities of protocol development to sausage-making, Scheindlin suggested, “If it’s fair, if it’s good, if it works, then it’s a good hotdog. It should at least be tried.”