The first obligation of an arbitrator is, therefore, to understand the nature of the dispute, asking questions as necessary or convening an additional hearing. The second obligation is to resolve…

Synopsis: Grievance arbitration is a system in which the parties retain the ultimate authority to select a judge whose authority is limited to the dispute at hand. An arbitrator who…

In each case, arbitrators work with a mix of words, concepts, facts and people, ultimately arriving at a value judgment. Because parties perceive arbitrators as part of the collective bargaining…

The author describes prevailing labor-management attitudes and suggests a recent general decline in respect and discipline, and increased contentiousness to which the neutral must respond, with optimism, that a resolution…

In a further examination of the comparison of arbitral and judicial discretion, Marshall submits that there is little discernable distinction between the proper exercise of judicial, administrative and arbitral discretion;…

Discussion of typical ethical problems in ad hoc arbitration, many of which also arise in permanent appointments.

Although rarely expressly authorized by the parties to exercise discretion as to any matter, arbitrators exercise discretionary authority in the conduct of the hearing, in arriving at the substantive outcome…

The similarity between the arbitrator’s function in interpreting and applying the agreement and a judge’s function in interpreting and applying a statute is addressed, as is the ability of an…

Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….

The growing reliance on some form of third-party intervention – mediation, fact-finding or arbitration – as an alternative to the strike weapon in public employment disputes and to resolve community…