Briefly discuss what occurs in an arbitration hearing and the role of the arbitrator.

Question

What will be an ideal response?

Answer 1

Arbitration hearings have the appearance of a court hearing but without many of the formalities of a court proceeding. The process begins with the swearing-in of witnesses and the introduction of the submission agreement. The submission agreement is a statement of the problem to be resolved. The parties will then make opening statements, followed by the presentation of facts and evidence, and the oral presentation of witnesses. The hearing will conclude with each side making summary statements that are arguments in support of its position.In arbitrating a dispute, it is the responsibility of the arbitrator to ensure that each side receives a fair hearing during which it may present all of the facts it considers pertinent to the case. The primary purpose of the hearing is to assist the arbitrator in obtaining the facts necessary to resolve a human relations problem rather than a legal one. The arbitrator, therefore, has a right to question witnesses or to request additional facts from either party. After conducting the hearing and receiving post-hearing briefs (should the parties choose to submit them), the arbitrator customarily has 30 days in which to consider the evidence and render an award. In most labor contracts, the costs of arbitration are shared equally by the parties.