As the national debate over arbitration intensifies, research firm ndp | analytics has provided an update to their two previous reports on this subject: Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration and Fairer, Faster, Better II: An Empirical Assessment of Consumer Arbitration.

The update examines win rates for claimant-initiated consumer and employment arbitrations from January 2016 through June 2021.

In the employment context, the research finds that claimants prevailed in 34% of January 2016 – June 2021 cases that were determined on the merits. More recently, in the final 18 months of the study period (Jan. 2020 – June 2021), claimants prevailed in 38.9% of cases that were determined on the merits.

In the consumer context, the research finds that claimants prevailed in 46.3% of January 2016 – June 2021 cases that were determined on the merits. In the final 18 months of the study period (Jan. 2020 – June 2021), claimants prevailed in 46.7% of cases that were determined on the merits.

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