Plaintiffs’ attorneys in Massachusetts are cautiously beginning to engage with arbitration, a method traditionally viewed as being more favorable towards employers. Historically, businesses have favored arbitration to resolve disputes quickly and avoid costly class actions, with support from both federal law and decisions by the US Supreme Court. This new trend among Massachusetts plaintiffs’ attorneys is changing the landscape of dispute resolution. As Thomas Fowler, a partner at workers’ rights firm Lichten & Liss-Riordan PC, noted, there was initial hesitation among plaintiff-side lawyers due to perceived employer advantages in arbitration. However, these legal professionals are now exploring the potential benefits of actively participating in the arbitration process, which they believe could help level the playing field for workers.
More can be read about this developing trend here.