Common use of Mass Filings Clause in Contracts

Mass Filings. If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration using staged bellwether proceedings if they are not resolved prior to arbitration as set forth above in subsection (b). You agree to this process even though it may delay the arbitration of your individual claim. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration agreement, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, administer, nor demand payment for AAA fees for arbitrations commenced in violation of this subsection. After the first stage of proceedings is complete, the parties shall engage in a single mediation of all remaining cases, and Frontier shall pay the mediation fee. If the parties cannot agree how to resolve the remaining cases, the process of filing up to 20 cases total in arbitration to be resolved individually by different arbitrators, followed by mediation, will be repeated. If any claims remain following the second stage, the process will be repeated until all claims are resolved, except that the total number of cases filed in arbitration each round shall increase to 50, and mediation is optional at the agreement of Frontier and counsel for the claimants. If this subsection applies to a Notice, the Informal Resolution Period applicable to the claims and relief set forth in that Notice will be extended until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this subsection, and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees. If, after exhaustion of all appeals, a court determines that the process in this subsection of staging the filing of cases in arbitration is not enforceable, then the cases may be filed in arbitration, but the Alternative Payment shall not be available.