The panelists agree that an arbitrator can facilitate pre-hearing matters, such as the production of documents, definition of the issues, and exploring settlement. However, they… Read More »The Role of the Arbitrator, If Any, Prior to the Hearing – a Panel Discussion
NAA President Kagel warns of the increasingly legalistic environment for labor arbitration caused by the spill-over of practices from the courts and from private commercial… Read More »Presidential address: Seeking a vaccine: Avoiding the sad practices of commercial arbitration
The author’s thesis is that the parties and the arbitrator should develop pre-hearing processes that suit their styles and the situations they face, rather than… Read More »Pre-hearing process – old and new: Pre-hearing procedures: We make the process what it is.
The author discusses how he, as a management attorney, likes to have four factors addressed prior to the hearing: 1. discovery, 2. issue framing including… Read More »Pre-hearing process – old and new: Management perspective
The author views many pre-hearing motions by management counsel as attempts to control the hearing or its outcome, or to support its subsequent appeal. He… Read More »Pre-hearing process – old and new: Union perspective
Discussion of means of framing the issues and proposed remedies before arbitration, and the costs of failure to do so
Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]
A discussion of hearing procedures and the rules of evidence. [See also the transcript of the open discussion, 1966 page 110.]