NCJ Number
95750
Journal
Labor Law Journal Volume: 34 Dated: (August 1984) Pages: 488-493
Date Published
1983
Length
6 pages
Annotation
Although improved training and continuing education for arbitrators may not solve current arbitration problems, such programs are needed if disputants are to have better arbitrators and a more responsive process.
Abstract
The mounting discontent with arbitration reflects management's and labor's disillusionment with the process as it has evolved over the past 2 or 3 decades. Changes have resulted in the loss of the speed, economy, and perhaps even justice that arbitration manifested in its early days. In addition, a variety of factors have increased the number of arbitration cases. The immediate need is to prepare public sector neutrals to augment the ranks of private sector arbitrators. In addition, those currently arbitrating in both sectors need their skills upgraded to prepare them to handle the increasing external legal pressures and the new problems associated with economic change. Arbitrators currently are not subject to peer review, licensing, or authentication of credentials. Training programs are few, and arbitrators are reluctant to use those that are available. More training is needed, and attendance should be encouraged through a system of incentives. Training should focus on writing techniques, law and standards that can minimize the risk of appeal, and seminars on the conduct of the hearing, evidence, employee seniority, employee discipline and discharge, remedies, and professional ethics. The organizations involved in using arbitration should coordinate training efforts.