Synopsis By: Lurie - Proceeding Author: Benjamin Aaron

Arbitrator Aaron opines that the immediate effects of Lincoln Mills may be disruptive of industrial relations, because most judges are both poorly informed on the subject and have attitudes that are generally inimical to the arbitration process and to the best interests of the parties. He suggests that to minimize judicial intervention, arbitrators must subject themselves to continuous and critical self-examination and improvement, to demonstrate that the benefits of industrial self-government far outweigh its imperfections, and that arbitration offers far greater hope than litigation for the development of sound labor-management. He also notes that the parties, as well, have a responsibility to the arbitral process; they should not be surprised if, in referring the question of arbitrability to a court in the first instance, the court proceeds to decide the merits as well. David Feller expresses his opinion that Lincoln Mills will fortify, ratherthan possibly undermine, the system of private arbitration; that federal judicial jurisdiction will be more beneficial than state.