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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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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 214.]

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