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Controlling the Arbitration Hearing

An exploration of whether the phrase “control of the hearing” has a core meaning upon which advocates and arbitrators agree or whether it is a subjective concept that can provide little guidance for arbitral best practices.

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Violence in the workplace: Prevention strategies

A three-part approach is recommended as the best strategy to prevent violence: 1) pre-incident training, 2) stress-management interventions, and 3) employee victim debriefing. Warning signs of potential violent behavior, and calming methodologies are described. Comment is offered regarding the implications for the arbitrator of measures taken by management to avoid workplace violence, and how to …

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A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek an atmosphere of civility and mutual respect. Suggestions from the discussants include a set of model procedural rules for arbitrators, a standardized pre-hearing form for …

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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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The arbitration hearing – avoiding a shambles: A panel discussion

An examination of hearing deficiencies and their causes, an assessment of the responsibility, and a recommendation of remedies. The panel discusses the need for the arbitrator to control the hearing regardless of its formality, to apply common sense, and to fulfill the purpose of arbitration.

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