An examination of hearing deficiencies and their causes, an assessment of the responsibility, and a recommendation of remedies. The panel discusses the need for the arbitrator to control the hearing…

The author addresses the extent to which arbitrators can or should 1) direct the course of the hearing, 2) consider apparent unexplained “holes” in the record, 3) balance due process…

Addresses problems more likely to arise in ad hoc arbitration than when serving as a permanently designated arbitrator. The issues include motions to consolidate cases; use of submission agreements; unevenly…

The author examines the arbitrator’s role in the resolution of contract ambiguities and in interest arbitration. Impediments to ascertaining the truth arise from poor representation, inadequate pre-hearing disclosure, and delay….

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….

A defense of greater adherence to more formal rules of evidence and more formalized procedures in arbitration to protect finality and assure certainty and fairness.

An examination of the problems that arise in arbitration, and recommendations regarding ad hoc tripartite arbitration panels, the advocate as witness, and rules of evidence in arbitration hearings, including the…

Discussions of advocates’ competence and recommendations regarding rules of evidence, framing the issues, opening and closing statements, stipulations of fact, and admissibility of offers of compromise or settlement….

Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He…