The procedural standards for the arbitration process set forth in three parts:Part I – Code of Ethics for ArbitratorsPart II – Procedural Standards for ArbitratorsPart III – Conduct and Behavior…
Procedural problems in the conduct of arbitration hearings: A discussion
Lewis M. Gill, Ronald W. Haughton, Harry H. Platt, Emanuel Stein, Saul Wallen
January 1, 1964 Proceedings Database
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…
The arbitration hearing – avoiding a shambles: A panel discussion
M. H. Goldstein, Wayne L. Horvitz, Samuel H. Jaffe, George W. Kampf, Robert H. Kleeb
January 1, 1965 Proceedings Database
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…
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…
The deferral policy of the NLRB and the advent of equal employment statutes contribute to the increasing complexity and sophistication of the exercise of arbitral power. Abuses of power are…
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…
Decisional thinking: New York panel report
Christopher A. Barreca, Thomas G.S. Christensen, Wayne E. Howard, Morris E. Lasker, Alvin B. Rubin, Howard Schulman
March 16, 1980 Proceedings Database
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…
The role of the arbitrator in ensuring a fair hearing
Benjamin Aaron, Neil Bernstein, Andrea S. Christensen, Archibald Cox, Peter Seitz, Ralph T. Seward, William E. Simkin, Judith Vladeck
March 16, 1982 Proceedings Database
A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.
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…
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…