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Leadership by the Arbitrator

Tuesday, April 21, 2026 1:40 PM | Anonymous

What Makes A Good Leader? 10 Essential ...

In what ways does an arbitrator act as both a neutral decision-maker and a process manager?

What are your thoughts?


Comments

  • Tuesday, April 21, 2026 3:53 PM | Ernest C Brown
    The Arbitrator works like a trial judge or special master... moving the case to a conclusion, whether it is a final award or a settlement conducted by a third party mediator. I always structure the exchange of documents, claims, counter-claims, and swapping of expert reports for the earliest feasible times, so the parties have a early shot at settlement before they have spent a King's Ransom on legal fees.
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  • Tuesday, April 21, 2026 3:56 PM | Judge Richard B. Klein (ret.)
    Having served as a trial judge for 28 years, now an arbitrator for 15, there are differences. Since most civil cases are jury trials, it's a little easier to get involved as a judge since the ultimate decision will be made by a jury. At the same time, the mantra of arbitration (not always followed) is to find an expeditious, inexpensive solution to a dispute. To do that, I think it appropriate for the arbitrator to ask for briefs and/or arguments on legal issues that might advance the case. Likewise, to limit initial depositions and discovery with the right of the parties to ask for more discovery later. There often is a conflict with attorneys who are used to doing it "the old way" with huge discovery wars and arbitrators who want to speed things up to get to a resolution. My preference is to try and speed things up.
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  • Tuesday, April 21, 2026 4:04 PM | Anonymous
    As an arbitrator, the main focus is to make sure the parties are ready for the arbitration. Such as, what documents and witnesses do the parties wish to have and whether there are subpoenas to be issued. Then there is the actual hearing where the arbitrator has to make sure that the production of documents and witnesses is fair to both sides. And the as a neutral there is the weighing of the evidence and making the decision based upon the evidence submitted
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  • Tuesday, April 21, 2026 5:52 PM | Tom levak
    90% of my time is as a labor arbitrator. The SCt held in the Steelworkers Trilogy that labor arbitration is not a substitute for trial, but rather is an extension of the collective bargaining process. In most cases, there is no discovery, so hearings start cold with me having no details. Other differences: in discharge cases the employer has the burden of proof and goes first; most hearings end with oral closing, but when there are briefs, they are mutual and simultaneous with no answers.
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