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Due process of arbitration

The author is not referring to legal due process but, rather, “due process” as the exercise of authority with a “due” regard to the balancing of the two kinds of…

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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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Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee

Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page…

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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 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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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;…

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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…

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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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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…

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