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An arbitrator’s perspective of the usefulness of expert witnesses: a better understanding of the evidence vs. complicating an expeditious proceeding.

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Practical guidance in the use of expert testimony, including the “flexible” test for qualifying the validity of the scientific evidence of expert witnesses under Rule 702 (per Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)). Attorney Epstein concludes that the case law following Daubert and the amendment of Rule 702 in 2000 favors …

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Battle of the Expert Witnesses in Labor and Employment Arbitration: Does Expert Testimony Help or Hinder the Process? A Panel Discussion.

The utility of expert witnesses is explored by NAA members and attorneys for labor and management. Under prevailing state and federal rules, discretion is accorded the arbitrator as to the admission of expert testimony and, of course, the arbitrator has discretion on the weight to be accorded it.

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Recent developments in professional ethics: Implications for arbitrators and advocates.

An examination of the ethics of arbitrators advertising their services, including employment arbitration and mediation; of furnishing training to solely one party; and of serving as an expert witness. Amendment of the Code of Professional Responsibility in 1996, to permit the providing of accurate and objective information about an arbitrator, is also discussed.

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Professional responsibilities 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, and when recusement is appropriate.And Alexander Porter addresses the issues arising when concerns about payment of the arbitrator arise.

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