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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 so. This article discusses how arbitrators can use the Rules of Evidence to their advantage in conducting hearings and writing decisions.

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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 of dispute resolution. He then describes the mechanisms that parties have adopted to restore those virtues. A sample expedited arbitration procedure is appended.

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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 also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the …

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What arbitrators need from the parties

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.

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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 parol evidence rule.

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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.

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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.

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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. The first of five reports is the functioning of the arbitrator, for which there are two schools of thought: 1) the arbitrator as problem-solver and …

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Decisional thinkingNew York panel report

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 by the institutional framework within which they operates. The New York report addresses the CBA and external law , pre-hearing procedures, choice of forum and the adjudicator; pretrial preparation and …

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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. The formality of the proceedings, invocation of rules of evidence, notions of burden of proof, the order in which the parties present their cases, the …

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