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 …
Avoiding use of stereotypes in labor and employment arbitration: Sexual harassment’s peculiar posture in labor arbitration
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.
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.
The arbitration profession. 1. The demographic and professional characteristics of arbitrators in North America
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.