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The U.S. Supreme Court has repeatedly stated that arbitrators do not have to apply the Rules of Evidence. However, they are not precluded from doing so. This article discusses how arbitrators can use the Rules of Evidence to their advantage in conducting hearings and writing decisions.

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Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the …

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What arbitrators need from the parties

Discussions of advocates’ competence and recommendations regarding rules of evidence, framing the issues, opening and closing statements, stipulations of fact, and admissibility of offers of compromise or settlement.

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The author defines hearsay evidence, and asserts that such evidence should be admitted in arbitration hearings, but then evaluated by the arbitrator for relevance and reliability. Forms of hearsay evidence are described, and two example cases presented.

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The article offers advice to arbitrators on how to respond (in manner and substance) to evidentiary objections, and when to intercede when no objection has been made.

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Admissibility of evidence

Excerpts from workshops on the admissibility of evidence. The subjects include 1) the grievant’s prior employment record; 2) spotters’ reports; 3) decisions of other tribunals; 4) new evidence at hearing; 5) the grievant’s post-discharge conduct; 6) stolen documents; 7) lie detector tests, and 8) burden of proof.

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Decisional thinkingNew York panel report

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped by the institutional framework within which they operates. The New York report addresses the CBA and external law , pre-hearing procedures, choice of forum and the adjudicator; pretrial preparation and …

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Problems of proof in the arbitration process: Report of the New York Tripartite Committee

Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]

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Problems of proof in the arbitration process: Report of the Pittsburgh Tripartite Committee

A discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 263.]

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Problems of proof in the arbitration process: Report of the Chicago Area Tripartite Committee

A discussion of hearing procedures and the rules of evidence. [See also the transcript of the open discussion, 1966 page 110.]

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