Inside Arbitration: How an Arbitrator Decides Labor and Employment Cases

A companion volume to How to Prepare and Present a Labor Arbitration Case. Although information on arbitration opinions, awards, and analysis of substantive and procedural issues fills hundreds of volumes, no book until now has focused solely on how an arbitrator goes about reaching a decision. Inside Arbitration: How an Arbitrator Decides Labor and Employment Cases, written in a question-and-answer format, candidly explains what goes on in the mind of an arbitrator throughout the arbitration process, something that is not revealed in written opinions or traditional analysis. Inside Arbitration helps both lawyer and nonlawyer advocates with all levels of experience better understand the arbitration process from a seasoned arbitrator s viewpoint and to improve their skills in using that process. It also provides insights that are useful for arbitrators in reviewing their own practices. Based in part on real questions submitted by practicing advocates, this book offers answers based on the author s extensive experience as an arbitrator and the experiences of fellow arbitrators. Inside Arbitration presents detailed information on issues such as: Researching and selecting an arbitrator Prehearing scheduling, conferences, and disclosures Selecting and presenting witnesses Preparing and presenting documentary evidence How the arbitrator drafts an opinion Drafting and submitting post-hearing briefs Inside Arbitration includes a full chapter on the emerging field of employment arbitration, comparing and contrasting it with traditional labor arbitration procedure, as well as a chapter on mediation. Sample Questions from the book* 1.Does the arbitrator keep track of wins and losses for each party and try to make them balance over time? 2.Should the arbitrator apply a presumption of arbitrability when this issue is raised? 3.What do arbitrators want to hear in opening statements? 4.Is there any truth to the lore among parties that arbitrators always already know their decision by the end of the hearing? 5.To what extent do briefs make a difference in the arbitrator s decision? 6.How does the arbitrator go about making a decision? 7.What is the difference between mediation and arbitration?