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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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The procedural standards for the arbitration process set forth in three parts:Part I – Code of Ethics for ArbitratorsPart II – Procedural Standards for ArbitratorsPart III – Conduct and Behavior…

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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 deferral policy of the NLRB and the advent of equal employment statutes contribute to the increasing complexity and sophistication of the exercise of arbitral power. Abuses of power are…

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Arbitrator Mittenthal describes steps he often takes to assure an efficient hearing but thorough hearing: a prehearing request for the cba and written grievance file, in order to be better…

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The first obligation of an arbitrator is, therefore, to understand the nature of the dispute, asking questions as necessary or convening an additional hearing. The second obligation is to resolve…

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Synopsis: Grievance arbitration is a system in which the parties retain the ultimate authority to select a judge whose authority is limited to the dispute at hand. An arbitrator who…

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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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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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