In this Survey year, there are relatively few developments in the law of ADR. Were this to be a survey of the developments in the practice of ADR, this article could be hundreds of pages long. This year, however, there are no reported appellate cases to summarize pertaining to mediation, only an update on a recent controversial legislative development. And in the field of arbitration, although controversy abounds, the most significant development involved a U.S. Supreme Court decision on the waiver of class action clauses in consumer and employment contracts. This article will address developments in mediation and arbitration during the Survey year.
