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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 in Zubulake v. UBS Warburg L.L.C., and concludes that the rules furnish useful guidelines for electronic discovery in CBA-based arbitration.

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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 Standards; and the Sedona Conference Working Group Series: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The Sedona Principles for Electronic Document Production …

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New forms of evidence in a high-tech age: III. Panel Discussion

A panel discussion of the discovery process for electronic evidence.

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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.

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What to expect at your employment arbitration.

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.

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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 . It is suggested that the arbitrator begin the hearing with a description of the hearing process, and then inquire about settlement possibilities. The author discusses …

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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 no different from a lawsuit. Presented here are the considerations that advocates undertake when deciding whether to arbitrate, how to select the arbitrator, and how …

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Decisional thinkingWashington panel report

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 they operates. The Washington report concludes that judges and arbitrators function the same when arriving at decisions; that judging is an art rather than a …

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Decisional thinkingNew York panel report

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped by the institutional framework within which they operates. The New York report addresses the CBA and external law , pre-hearing procedures, choice of forum and the adjudicator; pretrial preparation and …

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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

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 214.]

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