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Judging arbitration

Prof. Hensler sets forth social psychologists’ views of how people assess procedural fairness or justice, and the implications of those perceptions to arbitration. She concludes that those persons who are…

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An introduction to three articles: 1) “harmless error” vs. due process under the Dougherty seven tests; 2) the assertion that substantive due process requires “fairness”; 3) procedural due process and…

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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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A statement of opposition to mandatory employment arbitration as a condition of employment, and caution that Academy members should evaluate the fairness of the arbitration procedures in light of the…

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The Due Process Protocol was designed to provide due process to employment disputes involving statutory rights. The author recommends that arbitrators apply the Due Process Protocol and other measures as…

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The author asserts that substantive due process – a fair resolution of the merits of the case – requires that cases and general rules cited by the parties as precedent…

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