Arbitrators and the Rules of Evidence
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… Read More »Arbitrators and the Rules of Evidence
hearsay evidence
Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
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… Read More »Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
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… Read More »What arbitrators need from the parties
The use of hearsay evidence in arbitration
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… Read More »The use of hearsay evidence in arbitration
The arbitration process: 1. Objections at the hearing
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… Read More »The arbitration process: 1. Objections at the hearing
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;… Read More »Admissibility of evidence
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… Read More »Decisional thinkingNew York panel report
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.]
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.]
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… Read More »Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee