CPR Launches New Mass Claims Protocol and Procedure

November 6, 2019

NEW YORK—Recognizing that there have been many recent instances of mass arbitrations brought against single entities in the employment arena, but little innovation in how to address them, CPR has harnessed the experience of its members and neutrals knowledgeable in this area and developed an Employment Related Mass Claims Protocol.  The Protocol offers a procedure for fairly and efficiently resolving these matters.

“We have sought to develop a procedure that takes into account the needs of the various stakeholders in finding resolution in an employment-related mass claims situation,” said CPR President & CEO, Allen Waxman. 

The procedure outlined in the Protocol begins with a round of randomly-selected initial arbitrations (“test cases”).  Once those are complete, the procedure then encourages the resolution of the remaining arbitrations through a mediation that will be informed by the results of those test cases.  If the mediation identifies a solution for resolving the remaining claims, each claimant will be provided an opportunity either to settle their arbitration consistent with that solution or to proceed with their arbitration.  If the mediation fails to identify a solution, then the parties may continue with arbitration of each of their claims or opt out of this resolution process and go to court.

The CPR Institute has long brought leadership to the improvement of conflict management, as exemplified by work such as:

• The Model Rule for the Lawyer as a 3^rd Party Neutral and the Provider Principles developed jointly with Georgetown
• The Model Procedures for Mediation and Arbitration of Employment Disputes developed by a Committee of lawyers representing employees and employers as well as academics and neutrals
• CPR’s Master Guide to Mass Claims Facilities compiled by a Commission co-chaired by Kenneth Feinberg and Deborah Greenspan
• CPR’s book Cutting Edge Advances in Resolving Workplace Disputes published together with Cornell’s Scheinman Institute

CPR Dispute Resolution is a provider of dispute resolution services and will be administering the Employment Related Mass Claims Protocol to applicable arbitrations, along with its Panel of Distinguished Neutrals, who will be relied upon to mediate and arbitrate these claims.

For more information, see CPR’s FILE A CASE or EMPLOYMENT DISPUTE ARBITRATION PROCEDURE pages or contact herickson@cpradr.org.

About CPR
Established in 1977, CPR is an independent nonprofit organization that helps prevent and resolve legal conflict effectively and efficiently.

• CPR Dispute Resolution is an ADR provider offering quality, efficiency and integrity via innovative and practical arbitration rules, mediation and other dispute resolution services and procedures—as well as arbitrators, mediators and other neutrals, worldwide.
• The CPR Institute, the world’s leading ADR think tank, positions CPR uniquely as a thought leader, driving a global prevention and dispute resolution culture and utilizing its powerful committee structure to develop cutting edge tools, training and resources. These efforts are powered by the collective innovation of CPR’s membership—comprising top corporations and law firms, academic and public institutions, and leading mediators and arbitrators around the world.