Synopsis By: Nelson - Proceeding Author: Adolph M. Koven

The author addresses the extent to which arbitrators can or should 1) direct the course of the hearing, 2) consider apparent unexplained “holes” in the record, 3) balance due process and rules of evidence, 4) mediate, and 5) cut off repetitive evidence. Posits that an arbitrator’s willingness to set limits depends, in part, on the arbitrator’s success and security.