Synopsis By: Lurie - Proceeding Author:

Professor Mittenthal analyzes the application of Part 5 of the Code of Professional Responsibility, dealing with the arbitrator’s obligations to provide a fair and adequate hearing in conformity with the parties’ hearing procedures; the steps the arbitrator may take to conduct a more effective hearing, while not intruding into a party’s presentation; the use of transcripts and plant visits; requests and offers to mediate the dispute; and requests for consent awards.