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NCJ Number: 98944 Find in a Library
Title: Selected Problems of Procedure and Evidence (From Arbitration in Practice, P 48-67, 1984, Arnold M Zack, ed. - See NCJ-98940)
Author(s): E A Jones
Date Published: 1984
Page Count: 20
Sponsoring Agency: ILR Press
Ithaca, NY 14853
Sale Source: ILR Press
Cornell University
Box 1000
Ithaca, NY 14853
United States of America
Language: English
Country: United States of America
Annotation: In advising arbitrators on dealing with procedural and evidential issues in arbitration hearings, the author draws upon his experience in addressing such issues as swearing witnesses, compelling attendance, using legal rules of evidence, hallway conferences, witness sequestration, the use of polygraph evidence, and multiparty proceedings.
Abstract: The author recommends swearing in witnesses and permitting the attendance of personal counsel and observers at hearings so long as they do not participate in the hearing. He also advises the use of the legal rules of evidence, albeit in a more flexible way than is permitted in a court. Regarding the statement of the issue to be decided, it is recommended that the arbitrator compose the issue to be arbitrated based upon the parties' views of the conflict; the parties will then be asked to sign the statement. The author favors requiring the immediate submission of exhibits and the parties' stipulation to as many facts as possible at the outset of the hearing. The use of voir dire to ascertain a witness' credentials is recommended as is the nonsequestration of witnesses. The author argues for not using polygraph evidence based on his belief that polygraph results are unreliable. Advice is also provided on permitting the grievant to be the company's first witness, hallway conferences between the arbitrator and party counsel, challenging witness' credibility, and retaining jurisdiction.
Index Term(s): Arbitration; Arbitrators; Hearings; Labor relations; Procedures; Rules of evidence; Witnesses
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