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Decisional thinking: West Coast panel report:Conclusion and Panel discussion

The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and a broad range of subjects pertaining to decision-making in arbitration.

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The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full disclosure while avoiding the legal complexities of discovery as practiced by “litigators.” A duty of full disclosure applies to the parties. This article addresses burden of proof responsibilities (and distinguished …

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The search for truth: Comment

Attorney McFall describes the impediments to ascertaining the truth, and the usefulness of complete and timely pre-hearing disclosure and the production of witnesses with knowledge of the facts. He opines that it would be a mistake to conclude that polygraphs are so unreliable that they should never be used.

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