Labor and Employment Arbitration Award-Writing
This two-day, intensive program dissects the process and art of writing an effective arbitration award in the labor and employment contexts. Attendees will learn the keys to writing awards that meet the expectations of the parties, that pass judicial scrutiny, and that remain true to the underlying arbitral goals of due process, efficiency, and expedition.
Program Highlights Include:
- The essential legal underpinnings of arbitration that drive the process and the crafting of the ultimate award
- The standards of review used by the courts and how those standards affect choices made in drafting awards
- The arbitrator's decision-making process and how it should be translated to the page
- The ways in which labor awards differ from those in employment arbitration, and how both differ from commonly used formats in commercial arbitration
- Stylistic variations and ways that an arbitrator develops a personal style without compromising effectiveness
The class also will explore:
- The seven deadly sins of award writing
- Common language traps and how to avoid them
- Techniques to use throughout the arbitration that will facilitate the writing process.
- Use of procedural recitations: why or why not
- Ways to deal with open issues through interim or partial awards
- Ethical issues that may arise regarding research, assistance, and drafting
- Approaches to writing awards for three-member panels
Attendees will review, critique, and edit selected portions of actual and mock awards and also will write portions of awards that will reviewed in class or privately, as the student chooses.