Consumer Arbitration Agreements: 10.7.3.7 Settlement
Settling on behalf of a group of similarly situated clients presents practical challenges and attorneys must be prepared to grapple with certain ethical issues. It is impractical (if not impossible) to negotiate thousands of individual settlements on a case-by-case basis. Consequently, most mass arbitrations involve aggregate settlements. This is also consistent with the approach preferred by the business, which is the total cost of its liability, not individual components.