Originally from Dispute Resolution Journal

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The author draws on his experience as a special master in mass-tort litigations to present an examination of the use of ADR in mass torts and the complex array of issues involved in the process.

The past 15 years have witnessed a proliferation of mass-tort litigation in our federal
and state courts. Beginning with the Agent Orange litigation and continuing with,
for example, Dalkon Shield, asbestos, DES, heart valves, breast implants and pedicle
screws, our courts have responded with creative approaches designed to clear dockets and
bring justice to thousands of alleged victims. Today, the latest mass tort is now front and
center, as the growing dispute over dietary supplements has led to the aggregation of claims
for pretrial purposes in the federal court in Philadelphia. Such litigation raises profound
questions concerning the ability of our civil justice system to deliver justice in a prompt and
efficient fashion to plaintiff, defendant and the public alike. Recent decisions by the Supreme
Court in cases such as Amchem and Metro North call into question the ability of our courts to
respond to the challenge of mass-tort litigation characterized by thousands of claims and difficult
qualitative legal issues of causation, liability and damage.