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…
Controlling the Arbitration Hearing
Laura J. Cooper, Ellen C. Kearns, Sean T. McGee, Calvin William Sharpe
January 16, 2008 Proceedings Database
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…
How Much Are You Due? Balancing Due Process and Access to Justice
Alexia M. Kulwiec, Susan T. Mackenzie, Margo R. Newman, Rosemary A. Townley
January 16, 2009 Proceedings Database
A panel gives practical advice for achieving a one-day hearing.
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 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…
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…