A discussion of the arbitration process as a method (with variations shaped by the parties) of settling disputes in a democracy. The parties create procedures that are “peculiarly responsive to…
A discussion of the importance of language in the arbitration process; how it plays a crucial role in the grievance, at the hearing, and in the decision. The author concentrates…
The author examines the increasingly adversarial and legalistic nature of arbitration and how it undermines the objective of providing a quick, efficient and cost-effective means of dispute resolution. He then…
The author presents data revealing that current labor arbitration procedures derive not from statutes, court decisions or the common agreement of the parties, but from (1) the arbitrators before whom…
The Ten Commandments for advocates: How advocates can improve the labor arbitration process
David Alexander, Robert J. Berghel, William P. Murphy, Marcus Widenor
March 16, 1992 Proceedings Database
An arbitrator, management advocate and labor advocate provide background about the arbitration process, and offer advice to advocates about how to present their cases more effectively and improve the arbitration…
An examination of perceived threats to arbitration: increasing formality, judicial intervention, invocation of external law, grievant’s use of personal counsel, inexperience advocates, non-final arbitration, DFR charges, paucity of qualified arbitrators,…
The primary consideration in advising an employer whether to defend or settle a grievance headed for arbitration is the advocate’s estimate of the probable outcome. In this respect, arbitration is…
A compilation and examination of what judges and arbitrators have learned about each other’s respective roles in the decision making process; particularly as the trier of fact in labor disputes….
Sardonically presented but engaging repartee between two highly regarded Academy Members. Their discussion evolves around the trend away from traditional arbitration toward a more complicated, formalized and litigious process.
The procedural standards for the arbitration process set forth in three parts:Part I – Code of Ethics for ArbitratorsPart II – Procedural Standards for ArbitratorsPart III – Conduct and Behavior…