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Procedural problems in the conduct of arbitration hearings: A discussion

A discussion of the following procedural disputes: Ruling on arbitrability before hearing the merits – ex parte hearings – calling the opposing party’s witnesses first – admissibility of settlement offers…

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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…

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Decisional thinking: New York panel report

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in…

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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…

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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…

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The arbitration hearing – avoiding a shambles: A panel discussion

An examination of hearing deficiencies and their causes, an assessment of the responsibility, and a recommendation of remedies. The panel discusses the need for the arbitrator to control the hearing…

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The author addresses the extent to which arbitrators can or should 1) direct the course of the hearing, 2) consider apparent unexplained “holes” in the record, 3) balance due process…

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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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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…

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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…

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