The panelists agree that an arbitrator can facilitate pre-hearing matters, such as the production of documents, definition of the issues, and exploring settlement. However, they also agree that the arbitrator should be circumspect, given his/her lack of knowledge of the case, and should conduct any such efforts openly, and with attention given to due process.

A discussion of employee searches, including private vs. public employer searches; searches conducted by law-enforcement representatives; searches of workers entering or leaving employer premises; and searches conducted on general employment premises, such as lockers, desks, vehicles, and work areas.

The advantages and disadvantages – for the arbitrators and for the parties – of permanent umpire relationships. The historical genesis of such relationships is discussed; umpireships and ad hoc arbitrations are compared; and some of the authors’ memorable umpireships are described.