Arbitration

As an arbitrator, I provide the options of an in-person hearing, a video hearing, hybrid arrangements, or a review of documents (desk arbitration). I have experience in interpreting contract language, negotiations history, arbitrability, discipline / discharge issues, contractual intent, legal precedent, and legislative impact on a variety of substantive issues.

Arbitration provides parties with the opportunity to present their best case to the arbitrator in a private hearing. As the Arbitrator, I provide a final and binding Decision and Award within 30 calendar days of the last day of hearing or receipt of post-hearing briefs. Arbitration is usually faster and less expensive than litigation.  Arbitration is not a trial, and I work to ensure that witnesses, advocates, and parties are treated with respect and dignity. Unless discovery is provided by the arbitration clause, arbitration agreement, or applicable agency rules, you will need approval for conducting depositions or electronic discovery. Please focus on the information necessary to assert or defend your claims or defenses.

Absent a showing of compelling need, no documents are required to be produced from back-up servers, metadata, or other media. My goal is to provide an efficient, fair, and cost-effective resolution. Please confer with each other to resolve information disputes prior to bringing them to my attention and instruct your client to preserve all relevant documents (i.e., paper documents, electronic documents, files, emails).

Parties are encouraged to participate in a Pre-Hearing Conference call or email exchange to determine the issue(s) in dispute, confirm the date(s) of hearing, location of hearing, joint exhibits, type of hearing record desired by the parties, and other pre-hearing logistics. I aim to maximize the representatives’ time for case presentation. Time spent in Pre-Hearing work and handling of procedural issues are included in the hearing fee for labor arbitrations unless an Interim Ruling is sought by one of the parties.

In the absence of specific language on evidentiary rules, I follow American Arbitration Association rules which allow parties to offer evidence that is relevant and material to the dispute that will assist the arbitrator in understanding the issues and in rendering a decision. As Arbitrator, I will determine the admissibility, relevance, and materiality of evidence offered.

I do not require an official hearing record or transcript of the proceedings. One or both parties may arrange for a court reporter. The Arbitrator must receive a copy of any official transcript at no charge to the arbitrator. Hearings on my professional Zoom platform can be recorded at the request of the parties. I take personal notes at the hearing. My notes are not made available to the parties and are solely for the purpose of supplementing my recollection of the testimony. I destroy my notes, recordings, and all exhibits upon issuing my Decision and Award or the conclusion of retained jurisdiction for implementation of the Award. The parties must notify me in advance if they wish to have any exhibits returned to them.

Live testimony is preferred; however, travel, weather, illness, and other circumstances may necessitate video or telephonic testimony. Let me know if witnesses need to be sequestered. Advocates have the option of summarizing their case in a verbal closing statement, written closing statement, or a post-hearing brief.

I look forward to working with you. Thank you for the opportunity to serve as an arbitrator in your case.