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,…

“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…

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…

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;…

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.

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….