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The author examines the increasingly adversarial and legalistic nature of arbitration and how it undermines the objective of providing a quick, efficient and cost-effective means of dispute resolution. He then describes the mechanisms that parties have adopted to restore those virtues. A sample expedited arbitration procedure is appended.

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A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek an atmosphere of civility and mutual respect. Suggestions from the discussants include a set of model procedural rules for arbitrators, a standardized pre-hearing form for …

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Procedural rulings during the hearing

Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing side; 6) medical affidavits; 7) closing arguments, briefs, remedies; 8) token presentations, agreed awards, and disqualification of the arbitrator.

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Discussion of procedural questions in arbitration regarding pre-hearing statements or briefs, pre-hearing conferences, and discovery. Emphasizes the needs to avoid undue formalism and legalisms and to streamline the process. Suggests interrogatories, inspection of documents, and stipulations are more useful than depositions in arbitration. Briefly discusses jurisdictional disputes where only one of the involved unions is …

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Problems of proof in the arbitration process: Report of the Chicago Area Tripartite Committee

A discussion of hearing procedures and the rules of evidence. [See also the transcript of the open discussion, 1966 page 110.]

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]

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A colloquium on the arbitration process

A discussion of whether arbitration satisfies the needs of the parties with respect to expediency, expense and justice. Also discussed is whether management and labor share a common interest in the use of arbitration.

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