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,… Read More »“Arbitral Initiatives”: A Brief Overview
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… Read More »Search for the Truth: The “Active” Arbitrator – Exploration of New (or Different) Initiatives – What is an Arbitrator’s Role in the Hearing Process?
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… Read More »Search for the Truth: The “Active” Arbitrator – Exploration of New (or Different) Initiatives
A panel gives practical advice for achieving a one-day 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… Read More »Controlling the Arbitration Hearing
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… Read More »Invited paper: The heart of the matter
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… Read More »Practices at the hearing: A few modest proposals for improving conduct of the hearing
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… Read More »Building the evidence record: The bounds of “arbitral advocacy”
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… Read More »Arbitration — as the parties see it:4. Another management view
A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.