Professor Mittenthal describes factors that influence credibility findings.
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 forum for resolving gender discrimination…
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, and when recusement is appropriate.And…
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 grievants against their employer, and…
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 bias was shown. The Court…
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,…
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 ideology or other subconscious factors….
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…