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This analysis describes what Square's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The updated terms modify how arbitration disputes are resolved when 25 or more similar claims are brought against Square. Previously, Square's terms referenced 'Bellwether Arbitration procedures' under which test cases would be selected and remaining demands could proceed individually under standard rules if settlement failed. The updated framework establishes a mandatory mediation phase after initial arbitrations resolve, and requires remaining claims to proceed in batches of up to 100 rather than individually, with one arbitrator and consolidated fees per batch. This may reduce the procedural flexibility for claimants pursuing claims outside the initial test-case group, though the batch structure may reduce overall administrative costs. The terms now explicitly state that NAM shall administer batches concurrently and that parties will engage in a 'single global mediation' before batch proceedings commence.
View change record →How other platforms handle this
If 25 or more claimants seek to file arbitrations raising similar claims and are represented by the same counsel...all cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings...
If 25 or more claimants submit Informal Notices or Demands ... the AAA's Mass Arbitration Supplementary Rules ... shall apply, and all of the cases must be resolved in arbitration under the process described in this Section 17(h).
The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice...
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"Square shall pay the mediation fee.Excerpt from Square's Terms of Service
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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The clause states: “Square shall pay the mediation fee.”
ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.
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