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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…

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“The employment relationships in the federal service, and the collective bargaining agreements under the CSRA and the predecessor Executive Orders which permitted them, are so controlled and affected by various…

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Brief comment on practices and pitfalls in use of court reporters, followed by a discussion of unrelated topics: postponements and cancellations; fee collection; extensions of time limits; misunderstandings; pre-hearing procedures;…

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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…

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Professor Mittenthal analyzes the application of Part 5 of the Code of Professional Responsibility, dealing with the arbitrator’s obligations to provide a fair and adequate hearing in conformity with the…

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An argument that arbitrators, who have responsibility over the integrity of the arbitration process under the Supreme Court’s grant of a “free charter,” must ensure quality standards and actively discourage…

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The author views many pre-hearing motions by management counsel as attempts to control the hearing or its outcome, or to support its subsequent appeal. He concludes that the best way…

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A colloquium on the arbitration process

A discussion of whether arbitration satisfies the needs of the parties with respect to expediency, expense and justice. Also discussed is whether management and labor share a common interest in…

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