Forced Interrogration

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

The arbitration method consists of the selection of an impartial third party called an arbitrator that will hear and decide on the dispute. In the case of AMF v. Brunswick the ruling was that the parties were required to seek arbitration for their dispute.

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

created for the Harvard Negotiation Project by Bruce M. Patton, based on an idea from the American Arbitration Association. Copies of the original

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

3. Discuss the advantages and disadvantages of using arbitration to settle non-labor issues such as consumer complaints, employer-employee disputes, and so on. Find an example from the business world where this was done.

Faced with this evidence, the trial court denied Westlake’s Motion to Compel Arbitration. The court noted that while Westlake’s Spanish version of the contract contained an arbitration provision; Ramos’

On August 17 I participated in a telephone conference with Pat Quinn, Val, Mike Carreiro, Mark Lepizzera regarding whether there are grounds for an appeal of the arbitration award issued by Phil Dunn. As I understand it the purpose of the call was to get my insights as a Union attorney and to discuss the merits of any appeal. My opinion was that there are no grounds to appeal based on the legal standard in federal court and that, should the Union appeal, those are significant risks that it could be charged with the Employers attorney’s fees under rule 11.

The purpose of class action lawsuits is to give the common man the ability to take on the largest corporate or private entities, who can afford the very best legal services,

Many providers of financial services--especially alternative financing--attempt to limit class-action lawsuits and legal costs with arbitration. Today's crowded courtrooms and high costs of litigation make it more practical to handle many financial issues through arbitration instead of court-based litigation.

Cooley, J. W., & Lubet, S. (2003). Arbitration Advocacy (2nd ed.). Notre Dame, IN: National Institute for Trial Advocacy.

Essentially, many alternative approaches to the problems are being focused upon. Moreover, proposals such as labor relation boards should fulfill their remedial mandate by awarding remedies that fully compensate the harm caused to individual employees, collective employee interests, and the union by employer unfair labor practices committed during union organizing. Thus, this proposal requires no change to LRBs’ remedial powers, and it reduces incentives for employers to violate labour legislation. Instead, it fosters collective bargaining relationships (Slinn,

Despite the harmonious nature of Japanese people, there are still conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved conflicts occur because many firms are conducting restructuring and retrenchment during this period of economic uncertainty. When these conflicts happen, they can approach the local government mediation body to help conciliate and make a decision. Most decisions made are generally accepted; however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System, or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional judge, 1 union representative and 1 employer representative. All 3 judges must have professional knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004).

One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.