Doing Well by Doing Good
United States and Canadian perspectives on ethical issues
arbitrator
Arbitration in a fishbowl: The ethics of disclosure 2. Careful Where You Step
Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the… Read More »Arbitration in a fishbowl: The ethics of disclosure 2. Careful Where You Step
Arbitration in a fishbowl: The ethics of disclosure 1. Introduction
The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.
Arbitration in a fishbowl: The ethics of disclosure 3. Labor arbitration and failure to disclose
Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual… Read More »Arbitration in a fishbowl: The ethics of disclosure 3. Labor arbitration and failure to disclose
Papers from the 2003 Fall Education Meeting: Arbitrator acceptability:Arbitrators and Advocates’ Perspectives
A survey — of NAA members, management attorney advocates in the U.S. and Canada, and union attorney advocates — the purpose of which is to… Read More »Papers from the 2003 Fall Education Meeting: Arbitrator acceptability:Arbitrators and Advocates’ Perspectives
Invited paper: The heart of the matter
Arbitrator Mittenthal observes the vast discretion that arbitrators possess, and offers advice as to its use. He recommends a pragmatic, common sense approach based upon… Read More »Invited paper: The heart of the matter
Whither arbitration?
Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for… Read More »Whither arbitration?
The arbitrator’s responsibility to the parties: The duty to disclose
A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties… Read More »The arbitrator’s responsibility to the parties: The duty to disclose
New voices in the Academy: The Academy’s future: By design or by default?
The author poses questions about the direction of the Academy’s future, with special consideration to the process of securing a pool of candidates, training and… Read More »New voices in the Academy: The Academy’s future: By design or by default?
Building the evidence record: The bounds of “arbitral advocacy”
An examination of arbitral discretion in the context of building the evidence record and controlling the hearing: techniques, demeanor, temperament and style with particular emphasis… Read More »Building the evidence record: The bounds of “arbitral advocacy”