In Part 3 of “Using Mandatory Arbitration to Avoid ERISA Class Actions,” published in Bloomberg Law, Carol Buckmann concludes the series by addressing the practical considerations that should be weighed by plan sponsors contemplating mandatory arbitration and the outlook for the future clarification of the law. She outlines some of the pros and cons related to mandatory arbitration of ERISA matters, and points out that if a class action waiver is also enforced, it could become too costly for plaintiffs’ lawyers to take on these cases.
If you missed any part of this three-part series, we encourage you to read them in sequential order. Part 1 discusses statutory and earlier court decisions, and Part 2 analyzes more recent decisions.