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Judging arbitration

Prof. Hensler sets forth social psychologists’ views of how people assess procedural fairness or justice, and the implications of those perceptions to arbitration. She concludes that those persons who are required to arbitrate will assess fairness on the basis of procedural features, rather than outcome, and that a perception of procedural fairness depends upon 1) …

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A discussion of judicial reasoning in overturning arbitration awards, with a focus on W. C. Grace. Arbitrators’ application of stare decisis to prior arbitrator awards under the same agreement and inclusion of language in awards indicating consideration of legal issues is recommended. Maintaining labor arbitration as a less technical, expensive and time consuming alternative to …

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A colloquium on the arbitration process

A discussion of whether arbitration satisfies the needs of the parties with respect to expediency, expense and justice. Also discussed is whether management and labor share a common interest in the use of arbitration.

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