Arbitrators and the Rules of Evidence
The U.S. Supreme Court has repeatedly stated that arbitrators do not have to apply the Rules of Evidence. However, they are not precluded from doing… Read More »Arbitrators and the Rules of Evidence
The U.S. Supreme Court has repeatedly stated that arbitrators do not have to apply the Rules of Evidence. However, they are not precluded from doing… Read More »Arbitrators and the Rules of Evidence
The author examines the increasingly adversarial and legalistic nature of arbitration and how it undermines the objective of providing a quick, efficient and cost-effective means… Read More »What ever happened to the one-day arbitration? Expedited arbitration procedures as an effective method
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… Read More »Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
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… Read More »What arbitrators need from the parties
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… Read More »Special issues in arbitration: Conducting the hearing
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.
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,… Read More »The presidential address – an exercise in dialectic: Should arbitration behave as does litigation?
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… Read More »Decisional thinking Chicago Panel reportI. The arbitrator’s perception of the decisional process
A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped… Read More »Decisional thinkingNew York panel report
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,… Read More »The search for truth:1. The search for truth – The whole truth