Decisional thinking: New York panel report

March 16, 1980

Synopsis By: Lurie
Proceeding Author:
Christopher A. Barreca, Thomas G.S. Christensen, Wayne E. Howard, Morris E. Lasker, Alvin B. Rubin, Howard Schulman
 

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in three contexts: pre-hearing, hearing, and post-hearing. Prehearing subjects include choice of forum, preparation and discovery, and prevalence of settlement. Hearing subjects include the formality of the proceedings, the physical elevation of the judge over the parties, the grievant as a 3rd party to the arbitration as compared to the plaintiff, rules of evidence. Post hearing subject include the immediacy and functions of the decision and the reliance on precedent. A panel discussion follows.


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