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Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1) be enforceable and impervious to…

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Arbitrator Elson suggests that the length of opinions be reduced by omitting reiteration of the CBA at length; omitting a full restatement of the parties’ positions but, instead, explaining their…

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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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A compilation and examination of what judges and arbitrators have learned about each other’s respective roles in the decision making process; particularly as the trier of fact in labor disputes….

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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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Academy President Barrett states that the common law of the shop has developed as a result of arbitrators’ decisions that have spelled out what guidelines must be followed by the…

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The authors note that in writing an arbitration decision, an arbitrator sorts and prioritizes the complexities of the parties’ stories and, most importantly, attempts to persuade the parties of the…

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A discussion of the importance of careful decision-writing, pitfalls in decision-making, inadvertent harm that the arbitrator may cause to the parties and their relationship, and the disservice caused by going…

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Observations on the Canadian experience and its focus on respecting the parties expectations and interest in stability and predictability, viewed as distinctive from the United States experience. Clarity and simplicity…

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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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