In Disaggregative Mechanisms, Professor Jaime Dodge documents how corporate defendants increasingly design their own mass resolution systems to avoid collective litigation-what she calls "disaggregative" dispute resolution. According to Dodge, such schemes promise benefits not only to putative defendants, but also to plaintiffs-resolving disputes quickly, handling large volumes of claims predictably, and sometimes, offering more compensation than would be available through aggregate litigation. She observes, however, that these systems also risk underdeterrence. Dodge concludes by endorsing disaggregative mechanisms while suggesting a need for more public oversight.
Dana A. Remus & Adam S. Zimmerman,
Aggregate Litigation Goes Private,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol63/iss6/2