Document Type

Book Chapter

Publication Date

1983

Abstract

I am in the uncomfortable position of being the primary expositor on a subject that I think is very much a matter of discretion in most cases, that is, how an arbitrator handles a hearing. One of the common characteristics I have detected among arbitrators is their apparent certitude on a disputed issue, even though they may disagree violently with other experienced arbitrators. Some of them will say that whatever internal anguish or difficulty an arbitrator has in coming to a decision, he should never display that to the parties. I myself cannot accept that advice simply because I am a perennial worrier and never quite sure about anything; it would be pure fakery for me to exhibit any other attitude. I think that the surest way to get along with the parties is to be oneself and not try to emulate others.

Comments

Reproduced with permission. Bloomberg Law, Copyright 2022 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bloombergindustry.com


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