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,…
Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee
Charles K. Hackler, Berry G. Jones, Edgar A. Jones, Jr., Alfred W. Klein, Robert P. Tiernan
January 1, 1966 Proceedings Database
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…
Decisional thinkingWashington panel report
Cosimo Abato, Richard I. Bloch, Harold Greene, Rolf Valtin, James Vandervoort
March 16, 1980 Proceedings Database
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…
New forms of evidence in a high-tech age: III. Panel Discussion
Lesli J. Bruden, Martin J. Costello, Jacquelin F. Drucker, Theodore O. Rogers, Jr.
January 16, 2006 Proceedings Database
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…
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment