NCJ Number
94127
Date Published
1980
Length
202 pages
Annotation
This book provides an overview of the problems and procedures involved in the presentation of evidence in arbitration cases.
Abstract
Initial chapters discuss types of evidence, relevance and materiality in evidence, and quantum and burden of proof. Consideration of the examination of witnesses addresses oaths, required perception, opinion and expert testimony, mode and order of examination, writings used to refresh memory, exclusion of witnesses, interrogation by the arbitrator, failure to receive evidence, and arbitration in the absence of a party. A chapter is also devoted to evidentiary standards applicable in the arbitral setting, with attention to the use of presumptions in labor arbitration, judicial notice, best evidence rule, medical evidence, evidence and the past record of an employee, the evidentiary value of arbitrators' awards, exclusionary rules, parole evidence, offers of settlement or compromise, and privileged communication. Other chapters consider collateral proceedings, problems of evidence and due process considerations, evidence and the credibility of testimony, and new evidence and the arbitral process. Appendixes contain the Voluntary Labor Arbitration Rules of the American Arbitration Association, the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes, the United States Arbitration Act, and the Uniform Arbitration Act. Notes, a table of cases, and a subject index are provided.