An arbitrator brings his or her experience, knowledge and personal dispositions to the arbitration hearing. The tension between those factors and the duty of arbitral… Read More »What Is the Place of empathy in the Arbitral Process?
Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the… Read More »Arbitration in a fishbowl: The ethics of disclosure 2. Careful Where You Step
The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.
Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual… Read More »Arbitration in a fishbowl: The ethics of disclosure 3. Labor arbitration and failure to disclose
The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey… Read More »The arbitration profession in transition:A survey of the National Academy of Arbitrators
Richard Block discusses whether and under what conditions arbitrators should agree to serve as expert witnesses.Walter Gershenfeld discusses when disclosure is required of an arbitrator,… Read More »Professional responsibilities of arbitrators
A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties… Read More »The arbitrator’s responsibility to the parties: The duty to disclose
The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full… Read More »Decisional thinking: West Coast panel report:IV. Decisional thinking as applied to procedural matters
The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and… Read More »Decisional thinking: West Coast panel report:Conclusion and Panel discussion
Attorney McFall describes the impediments to ascertaining the truth, and the usefulness of complete and timely pre-hearing disclosure and the production of witnesses with knowledge… Read More »The search for truth: Comment