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The Committee concludes that the basic standards of ethics applicable to any judge, foremost of which are the qualities of honesty and impartiality,should be applied to the code of labor…

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Decisional thinking: New York panel report

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in…

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Arbitrator Jaffe invokes his personal experiences to illuminate desirable objectives of the arbitration process; e.g., the development of an adequate record, asuring a fair and transparent process that engenders trust…

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The author describes arbitrators’ varying approaches to the arbitration hearing, from active and interventionist, to passive, permitting the advocates to present their cases as they choose without inteference from the…

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How Much Are You Due? Balancing Due Process and Access to Justice

A panel gives practical advice for achieving a one-day hearing.

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Controlling the Arbitration Hearing

An exploration of whether the phrase “control of the hearing” has a core meaning upon which advocates and arbitrators agree or whether it is a subjective concept that can provide…

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Arbitrator Mittenthal observes the vast discretion that arbitrators possess, and offers advice as to its use. He recommends a pragmatic, common sense approach based upon thoughtfulness and fair play, and…

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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…

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Examples of arbitrators’ practices that deviate from the parties’ expectations in the hearing and decision writing. Over familiarity with a party, expediting the procedure for personal convenience or to meet…

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Building the evidence record: The bounds of “arbitral advocacy”

An examination of arbitral discretion in the context of building the evidence record and controlling the hearing: techniques, demeanor, temperament and style with particular emphasis on gradations of arbitral involvement…

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