Synopsis By: Marx - Proceeding Author: Arnold M. Zack

The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator; “fair representation” concerns; the tendency for “legalistic” proceedings; and the increasing involvement of external law. Suggested new approaches include pre-hearing disclosure of facts and offers of proof; expedited hearing procedures; mediation of grievances; and non-binding pre-hearing advice as to probable results, leaving the parties free to withdraw or proceed to arbitration.