Description

Presented by LRIS Director Will Aitchison and Margaret Brogan, arbitrator and mediator from Philadelphia, Pennsylvania.

• When an arbitrator will look beyond the language of the contract to determine the meaning of the contract.
• The types of evidence considered in interpreting contracts, including bargaining history, past practice, and evidence of practices under other contracts.
• From an arbitrator’s perspective, the factors that make a past practice binding.
• The “interpretation aids” arbitrators use in interpreting and applying contract language.
• How arbitrators decide who has the burden of proof, and how much proof is necessary?
• The rules of evidence in arbitration, including issues of hearsay and relevance.
• The decision-making process – what’s convincing and what is not?