Presidential Address - The Adversary System in Arbitration (From Arbitration 1985 - Law and Practice, P 1-20, 1986, Walter J Gershenfeld, ed. See NCJ-103332)

• NCJ Number: 103333
• Author(s): J E Dunsford
• Date Published: 1986
• Length: 20 pages
• Sale Source: Bureau of National Affairs
• Publication Type: Conference Material
• Language: English
• Country: United States of America

Annotation

The arbitrator's relationship to the parties in the collective bargaining process and his overall role are considered as they relate to the adversary format often used at hearings.

Abstract

While formally and legally, the grievant in a dispute is not a party to the proceedings, it is his interests that are ultimately being tried. As the arbitrator is a creature of the disputing parties, it follows that he must consider the interests of the employer, the union, and the grievant. In such proceedings, the arbitrator must understand fully the dispute consistent with the ground rules of an adjudicative system. Because of the adversarial format (in which advocates for each party present and argue their cases) provides a convenient and efficient means for informing a decision, it has been adopted by arbitration. However, arbitrators must be wary of the excesses of an adversary system that may be antithetical to the goals of a collective bargaining relationship. Both parties have a continuing relationship and the long-range interests of both are almost invariably served by the honest and fair resolution of disputes. Consequently, the arbitrator must view his role as that of seeking truth and balancing competing interests.