Jessica Mason Comments on Recent Changes to Forced Arbitration

Foley & Lardner LLP Partner Jessica Glatzer Mason is quoted in the ABA Journal article “Will mandatory arbitration be banned beyond in workplace sex assault and harassment complaints?” discussing the arbitration option for employees in light of recent federal legislation ending forced arbitration in workplace cases involving allegations of sexual assault or harassment.

Mason believes some claimants will continue to choose arbitration even if it were no longer mandatory, saying, “I believe they may prefer to proceed in a confidential forum on these personal claims, in addition to it often being more streamlined and quicker.”

Mason noted the long-established trend of arbitration in dispute resolution, adding, “The matter is too important to many businesses, both big and small—a constituency that crosses party lines. The value of the class action waiver, confidentiality and finality to businesses—a benefit available only in arbitration—is likely to be protected by the business lobby.”