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Post-Pandemic Finra Arbitration: To Zoom Or Not To Zoom?, Jill I. Gross
Post-Pandemic Finra Arbitration: To Zoom Or Not To Zoom?, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This Article contributes to the literature exploring the impact of the pandemic on arbitration and explores whether parties arbitrating their disputes during the pandemic have had access to justice equivalent to the justice that was available pre-pandemic. Though it is difficult to draw any conclusions about FINRA arbitration due to the confidential and non-reasoned nature of awards, the Article focuses on arbitration of securities industry disputes at one forum, FINRA DRS. In particular, the Article analyzes data about FINRA customer arbitrations over the course of the pandemic, from onset in March 2020 through mid-2022, when most municipalities had lifted COVID-19 …
Arbitration Archetypes For Enhancing Access To Justice, Jill I. Gross
Arbitration Archetypes For Enhancing Access To Justice, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
In the second half of the twentieth century, the use of arbitration proliferated in the United States as part of a greater alternative dispute resolution (ADR) movement, with the promise that using ADR processes would, among other things, enhance disputants' access to justice. Arbitration offers disputing parties a process to resolve their dispute, which, at least in theory, is known for decreased cost, increased speed, party control, privacy, and finality. These characteristics generally enhance parties' access to justice because, as compared to litigation, barriers to entry are lower, outcomes are delivered more quickly, substantive outcomes are more equitable, and parties …