Role of Language in Arbitration (From Decisional Thinking of Arbitrators and Judges - Proceedings, P 19-44, 1981, James L Stern and Barbara D Dennis, ed. - See NCJ-96265)

• NCJ Number: 96266
• Author(s): B Fraser
• Date Published: 1981
• Length: 26 pages
• Sale Source: Bureau of National Affairs; National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: Available on microfiche as NCJ-96265.

Annotation

The role of language in arbitration is considered for the grievance, the hearing, and the decision.

Abstract

First, the language of the contract and the grievance issue are addressed. The legal debate surrounding the concept of 'threat' and the ground for its knowing and willful commission are detailed, and this debate is shown to be representative of many terms-of-the-art that pervade grievance issues today: threats, insubordination, an offer, sexual harassment, seniority, and the like. Second, the reliability of witnesses in recounting past events they have seen, heard, or experienced is addressed. The transformation of facts from the time of the event at issue and its description before the arbitrator is examined, and factors that can influence the congruence between perceived and retained facts are explored. Further, three aspects of witness interrogation that influence what facts are presented are identified: the type of retrieval requested of the witness, how a question is put to the witness, and the identity of the questioner. Verbal and nonverbal forms of communication are also considered. Third, consideration of language in the arbitration decision discusses writing the decision, including the importance of the arbitrator knowing for whom he/she is writing and choosing structure and style accordingly. Twenty-nine references are included.