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Sardonically presented but engaging repartee between two highly regarded Academy Members. Their discussion evolves around the trend away from traditional arbitration toward a more complicated, formalized and litigious process.

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A survey of the knowledge and experience of judges, advocates, and arbitrators, as to how their decisions come into being and how they are shaped by their respective institutional frameworks. The first of five reports is the functioning of the arbitrator, for which there are two schools of thought: 1) the arbitrator as problem-solver and …

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The author describes factors for the “clogging” of the arbitration process and that threaten the “final and binding quality” of decisions. These factors include “passing the buck” to the arbitrator; “fair representation” concerns; the tendency for “legalistic” proceedings; and the increasing involvement of external law. Suggested new approaches include pre-hearing disclosure of facts and offers …

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The role of lawyers in arbitration

A response to accusations that arbitration is becoming more like litigation, and that arbitrators are acting more like judges. The author argues that both attorneys representing clients in arbitration and arbitrators themselves are adapting to the demands of the parties. The participants discuss the quasi-judicial versus the mediative role of the arbitrator.

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Problem areas in arbitration

“Nothing could be more disastrous than to view a labor contract as a lifeless document unrelated to the struggle of [the people who negotiated it].” “…extreme legalism and formalism have no place in the arbitration proceeding.” “Any over legalistic handling of human situations, which tends to sacrifice individual equity, is essentially wrong.” The author recommends …

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Halting the trend toward technicalities in arbitrations

The author urges arbitrators “to preserve an informal and non-technical tone” in their hearings. He identifies areas where technicalities might lurk, including “the submission, time limitations, efforts at discovery procedures, the ?rules of evidence’, citations of past precedents, and the use of the record.” Mr. Dash agrees, and points out technicalities that may facilitate the …

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