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Invited Paper: Revisiting the Elements

The authors surveyed arbitration advocates and arbitrators as to how they would rule on hypothetical facts, in order to test their nonpartisanship against a counter-concern that they might exhibit biases based on their past experiences. Participant’s experiential factors considered included professional backgrounds, years in practice, affiliation with management or labor, country of residence and other …

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Arbitrator Winograd presents a dramatized discharge case, in which attorneys examined witnesses and gave closing arguments, after which a panel of arbitrators and advocates (both management and labor, attorneys and non-attorneys) stated how they decided. And he audience voted. This article examines that session and presents a statistical analysis of a survey of the audience …

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Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can blunt, if not entirely eliminate, an instrument for social improvement often used by organizations and attorneys representing individuals. Efforts by private foums to regulate class action waivers have had only …

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