NCJ Number
102290
Journal
Labor Law Journal Volume: 37 Issue: 7 Dated: (July 1986) Pages: 437-443
Date Published
1986
Length
7 pages
Annotation
This essay makes four predictions regarding the relationship between arbitration and the legal system, arbitration procedures, and future growth of arbitration.
Abstract
The first prediction is of a truce in the border struggle between the legal system and arbitration. Except for the Federal sector, the legal system has reached the limit of its likely intrusions on arbitration's territory. Second, labor and management have just about reached the limits of legalism in the arbitration process and realize that excessive legalism deprives arbitration of its attractions -- speed, simplicity, and economy. The third prediction maintains that arbitrations will become more diversified, primarily in terms of procedure. Innovations likely to gain favor include the use of arbitration panels, grievance mediation, and written submissions in lieu of a hearing. Finally, the essay predicts that the number of arbitrations will vary roughly with the proportion of the work force represented by unions. 38 footnotes.