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… Read More »Invited Paper: Revisiting the Elements
The authors consider whether arbitrators may be influenced by the gender and other traits of the grievant, or by the arbitrator’s own gender, race, political… Read More »The Limits of Common Sense:A Social-Psychological Approach to Research on Decisional Biases in Labor and Employment 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… Read More »Avoiding use of stereotypes in labor and employment arbitration: Sexual harassment’s peculiar posture in labor arbitration
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
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
Richard Block discusses whether and under what conditions arbitrators should agree to serve as expert witnesses.Walter Gershenfeld discusses when disclosure is required of an arbitrator,… Read More »Professional responsibilities of arbitrators
The author compares arbitral and judicial competence to hear and decide discrimination complaints and concludes that the traditional arbitration model provides as good or better… Read More »Arbitration of discrimination grievances: Arbitral and judicial competence compared
Professor Mittenthal describes factors that influence credibility findings.