NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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.

Read more

A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek an atmosphere of civility and mutual respect. Suggestions from the discussants include a set of model procedural rules for arbitrators, a standardized pre-hearing form for …

Read more

Discussion of procedural questions in arbitration regarding pre-hearing statements or briefs, pre-hearing conferences, and discovery. Emphasizes the needs to avoid undue formalism and legalisms and to streamline the process. Suggests interrogatories, inspection of documents, and stipulations are more useful than depositions in arbitration. Briefly discusses jurisdictional disputes where only one of the involved unions is …

Read more

Procedural problems in the conduct of arbitration hearings: A discussion

A discussion of the following procedural disputes: Ruling on arbitrability before hearing the merits – ex parte hearings – calling the opposing party’s witnesses first – admissibility of settlement offers – new evidence not discussed during previous steps of the grievance procedure – whether cross-examination is limited to the scope of direct-examination – cutting off …

Read more