Invited paper: The heart of the matter
January 16, 2003
Arbitrator Mittenthal observes the vast discretion that arbitrators possess, and offers advice as to its use. He recommends a pragmatic, common sense approach based upon thoughtfulness and fair play, and that arbitrators intervene only when the parties fail to make a coherent presentation, to behave in a reasonable manner, or to furnish sufficient information for the arbitrator to make an informed decision.