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Invited Paper: Revisiting the Elements

The authors surveyed arbitration advocates and arbitrators as to how they would rule on hypothetical facts, in order to test their nonpartisanship against a counter-concern that they might exhibit biases based on their past experiences. Participant’s experiential factors considered included professional backgrounds, years in practice, affiliation with management or labor, country of residence and other …

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Presidential Address by Roberta Golick

President Golick states that arbitrators bring their world views, duty of neutrality and adherence to Supreme Court philosophies when writing evidence-based decisions.

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A light-hearted review of the progress of women in the arbitration profession, and a word of cuation about the Academy’s upcoming vote on a change in its constitution, giving increased recognition to employment arbitration.

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We all prefer people most like ourselves. A labor arbitrator, acting alone, should be cognizant of potential biases arising from his/her background, life experiences and gender. The author posits that, in sexual harassment cases, the arbitrator may identify more with the worker being charged than the woman suffering harassment.

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Address

President Sherman describes his early years and offers observations about the nature of arbitrators.

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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 developing the candidates, and selecting members from among the candidates. Attention is given also to the enforcement of the Code on existing members, and members’ continuing education.

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The article presents the results of a study of the persons who serve as labor arbitrators in North America: who they are demographically, their caseloads, fees, affiliations and other practice information.

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A review of ethical standards and practices from 1947 to 1985. While personal traits of character, integrity, objectivity and honesty were viewed as not having changed, responsibility for familiarity with new substantive and legal developments and the need for training new arbitrators is advocated. A more comprehensive guide on standards of practice is recommended.

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A report, from the Committee on the Development of Arbitrators, of the Academy’s efforts to identify, encourage and train new arbitrators.

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A report on arbitrator development, internship programs and arbitrator training programs across the country.

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