Arbitration: NLRB Required To Follow Established Case Law
Arbitration: Award Not Subject To Vacatur Despite Arbitrator Giving Testimony During The Case.
Arbitration: Reasonable Time Limit Includes The Entire Appeal Process
Arbitration: Issue Arbitrable If Terms Encompass Subject Of The Dispute
ADR Online: George Mitchell - Role Model for Mediation
ADR Online: Arbitration And U.S. Courts - Balancing Their Strengths
ADR Online: Choosing The "Expert" Mediator
ADR Online: Financial Community Taps ADR

The NLRB decided to hear a claim where an employer acted pursuant to a viable claim of right under a collective bargaining agreement (CBA), the matter in dispute was covered by the arbitration clause in the CBA, and the employer wanted arbitration.  The Court of Appeals found that the NLRB should have deferred to arbitration because they gave "no good reason" for failing to follow well-established case law.  The court found under relevant case law that the NLRB was required to defer to arbitration, "plain and simple."
[Full Decision On Westlaw: 1998 WL 306565]

Arbitration: Reasonable Time Limit Includes The Entire Appeal Process
State of Connecticut v. AFSCME, Council 4, Local 1565 (Conn.App. 6/9/98)
 
This is an appeal from the trial court's judgment vacating an arbitration award issued pursuant to a collective bargaining agreement between the state and Local 1565 of Council 4, AFSCME (union).  The union claims that the trial court improperly concluded that (1) the arbitrator's award was not mutual, final and definite, and (2) it did not have authority
to remand the case for rehearing because it applied the incorrect time limit to the case.  The Court of Appeals affirmed the judgment as to the union's first claim because the remedy essentially remained open to negotiation at the time the award was rendered. As to the second claim, the court reversed because they construed the term "reasonable time" necessarily to include the entire appeal process, thus the time within which an award is required to be rendered had not yet expired.
[Full Decision On Westlaw: 1998 WL 296730]

Arbitration: Issue Arbitrable If Terms Encompass Subject Of The Dispute
Cranberry Area School District v. Cranberry Education Association (Pa.Cmwlth. 6/18/98)
 
After reviewing several candidates, the school district hired Don Hall as Athletic Director.  The Education Association filed a grievance against the school district alleging that they had violated a portion of their collective bargaining agreement (CBA) by hiring a non-certified person when a member of the bargaining unit had also applied for the job.  The dispute was referred to an arbitrator where the arbitrator ruled in favor of the Association.  The school district sought to vacate the order claiming that the issue was not arbitrable because it was not within the scope of the CBA.  The appellate court affirmed an order of the trial court upholding the arbitrator’s decision.  The court used an “essence test” to determine whether the terms of the agreement encompass the subject matter of the dispute.  Since the arbitrator construed the CBA as granting members of the bargaining unit preference over non-certified persons, the issue of Hall’s employment was arbitrable.
[Full Decision On Westlaw: 1998 WL 317812]

This article outlines several strategies and process interventions used by former US Senator George Mitchell and his mediation team during the “Stormont Building” talks.
 
Details: http://www.mediate.com/articles/corry.cfm

ADR Online: Arbitration And U.S. Courts - Balancing Their Strengths
By Judge José A. Cabranes
 
The attitude of American courts towards arbitration has shifted over the last quarter of the century.  Where judges once resisted arbitration, today they often seem to be its biggest boosters. This quiet revolution in American law has been led by the U.S. Supreme Court itself.
 
Details: http://www.adr.org/currents/arbitration-us_courts.html

This article discusses how to evaluate and choose mediators based on their skills, expertise, and stature.
 
Details: http://www.mediate.com/articles/nbrand.cfm

ADR Online: Financial Community Taps ADR

"From financial planning organizations to accounting firms, more and more sectors within the financial community are discovering the advantages of using alternative dispute resolution methods in resolving client disputes quickly and efficiently.  A coalition of financial planning organizations announced recently that it has chosen the American Arbitration Association to administer a mediation program for financial planners and their clients."

Details: http://www.adr.org/drt/financial_article.html