The author urges arbitrators “to preserve an informal and non-technical tone” in their hearings. He identifies areas where technicalities might lurk, including “the submission, time limitations, efforts at discovery procedures,…

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page…

The primary consideration in advising an employer whether to defend or settle a grievance headed for arbitration is the advocate’s estimate of the probable outcome. In this respect, arbitration is…

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators regarding how decisions come into being and how they are shaped by the institutional framework within which…

The author’s thesis is that the parties and the arbitrator should develop pre-hearing processes that suit their styles and the situations they face, rather than to adhere to custom ….

An exploration of the substantive and procedural differences between arbitration of a CBA provision and a statutory claim. A mock pre-hearing conference is presented.

The author discusses the distinctions, in discovery, between computer-based evidence and traditional paper documents, and includes computer system discovery checklist, and means for preserving the chain of custody.

The author describes the state of the law of discovery of electronic evidence, including proposed changes to the Federal Rules of Civil Procedure; proposed amendments to the ABA’s Civil Discovery…

A panel discussion of the discovery process for electronic evidence.

On December 1, 2006, new electronic-discovery provisions of the Federal Rules of Civil procedure took effect. The author recites relevant rules, discusses the cost-apportioning criteria prescribed by judge Shira Scheindlin…