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Arbitrators & Arbitration

1. What are the various facets of the job of an arbitrator? Cite examples of ethical considerations, past practice, fairness, and other traits and responsibilities.
2. What are the differences between the FMCS and the AAA in their methods of selection of arbitrators? What are the advantages of employers and unions contracting the use of a permanent arbitrator? Would you use this process? Why or why not?
3. What are three reasons an arbitrator's decision may not be the final and binding decision? Provide court examples defending your reasons.
4. What are the traditional issues that arbitrators deal with? What are the new emerging issues they must now face in their caseloads and the problems these challenges present? Discuss.

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1. What are the various facets of the job of an arbitrator? Cite examples of ethical considerations, past practice, fairness, and other traits and responsibilities.

Arbitrators must be fair and have knowledge of what is written in the contract and past company policies, previous rulings in other arbitration cases. Arbitrators must be independent and neutral. Arbitrators may be used to "adjudicate business to business, business to employee or business to customer disputes" (Inc., n.d.). It is important that the arbitrator is competent in his or her ability to arbitrate the particular matter. Should an arbitrator be unable to meet these requirements he or she must withdraw. Confidentiality must be maintained by the arbitrator, during the proceedings as well as in the decision and arbitrators cannot discuss cases with those not directly involved in the case. An arbitrator cannot use information derived from the case to gain personal advantage. This might come up should an arbitrator learn information that might impact stock pricing, for instance. An arbitrator must avoid conflict of interests. In arbitrator must also avoid any gifts or items of value from any parties involved in the case other than the agreed fee. This includes items such as meals or product samples, which may seem unimportant but could be viewed differently by others. An arbitrator must also avoid social or professional relationships to impact his decision-making. For instance, if the arbitrator and one of the parties were members of the same service club or alumnus of the same university, the arbitrator must not let this impede his or her judgment. It is important the arbitrator makes decisions "in a just, independent and deliberate manner" (JAMS, 2013). In addition, it is consider unethical and "professional suicide" to "split the baby" or decide equally for both parties (Irvings, n.d.)
Inc. (n.d.). Alternative Dispute Resolution. Retrieved from http://www.inc.com/encyclopedia/alternative-dispute-resolution-adr.html.
Irvings, M.L., (n.d.) Preparing For and Presenting Your First ...or your hundredth- labor arbitration. Retrieved from ...

Solution Summary

This detailed solution describes various facets of arbitrator job including ethical considerations, past practice, fairness, and other traits and responsibilities. It outlines the differences between the FMCS and the AAA in their methods of selection of arbitrators and gives the advantages of employers and unions contracting the use of a permanent arbitrator. It states three reasons an arbitrator's decision may not be the final and binding decision and provides court examples. Also, it outlines traditional and new emerging issues arbitrators deal with and the associated problems. APA formatted references are included.

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