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Arbitrator Mittenthal describes steps he often takes to assure an efficient hearing but thorough hearing: a prehearing request for the cba and written grievance file, in order to be better prepared at the start of the hearing. During the hearing, avoiding redundant evidence and repetitive testimony; clarifying arguments in order to better focus on the …

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The author describes arbitrators’ varying approaches to the arbitration hearing, from active and interventionist, to passive, permitting the advocates to present their cases as they choose without inteference from the arbitrator. Arbitrator Greco recommends that, for the sake of efficiency, the arbitrator should obtain, pre-hearing, the partie’s stipulations as to undisputed facts and their agreement …

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Arbitrator Jaffe invokes his personal experiences to illuminate desirable objectives of the arbitration process; e.g., the development of an adequate record, asuring a fair and transparent process that engenders trust in the outcome. Hypotheticals are furnished for context.

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How Much Are You Due? Balancing Due Process and Access to Justice

A panel gives practical advice for achieving a one-day hearing.

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Controlling the Arbitration Hearing

An exploration of whether the phrase “control of the hearing” has a core meaning upon which advocates and arbitrators agree or whether it is a subjective concept that can provide little guidance for arbitral best practices.

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Arbitrator Mittenthal observes the vast discretion that arbitrators possess, and offers advice as to its use. He recommends a pragmatic, common sense approach based upon thoughtfulness and fair play, and that arbitrators intervene only when the parties fail to make a coherent presentation, to behave in a reasonable manner, or to furnish sufficient information for …

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A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek an atmosphere of civility and mutual respect. Suggestions from the discussants include a set of model procedural rules for arbitrators, a standardized pre-hearing form for …

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Building the evidence record: The bounds of “arbitral advocacy”

An examination of arbitral discretion in the context of building the evidence record and controlling the hearing: techniques, demeanor, temperament and style with particular emphasis on gradations of arbitral involvement in building the evidence record. Arbitrator Gentile considers the boundaries of arbitral discretion and arbitral activism; Atty. Marcus cautions against “arbitral advocacy”; Arbitrator Nicolau states …

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Examples of arbitrators’ practices that deviate from the parties’ expectations in the hearing and decision writing. Over familiarity with a party, expediting the procedure for personal convenience or to meet another commitment, independent fact-finding or seeking more evidence than is offered, failing to issue a timely award, and overwriting or making editorial comments are cited.

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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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