Synopsis By: Lurie - Proceeding Author: Russell A. Smith

The author examines the arbitrator’s role in the resolution of contract ambiguities and in interest arbitration. Impediments to ascertaining the truth arise from poor representation, inadequate pre-hearing disclosure, and delay. The formality of the proceedings, invocation of rules of evidence, notions of burden of proof, the order in which the parties present their cases, the calling of witnesses from “the other side” (e.g., the grievant), posthearing submissions and requests to reopen are examined, as are tripartite panels.