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…
Decisional thinking: New York panel report
Christopher A. Barreca, Thomas G.S. Christensen, Wayne E. Howard, Morris E. Lasker, Alvin B. Rubin, Howard Schulman
March 16, 1980 Proceedings Database
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…
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…
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…
How Much Are You Due? Balancing Due Process and Access to Justice
Alexia M. Kulwiec, Susan T. Mackenzie, Margo R. Newman, Rosemary A. Townley
January 16, 2009 Proceedings Database
A panel gives practical advice for achieving a one-day hearing.
Controlling the Arbitration Hearing
Laura J. Cooper, Ellen C. Kearns, Sean T. McGee, Calvin William Sharpe
January 16, 2008 Proceedings Database
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…
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…
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…
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…
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…
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment