The adaptation and application of judicial procedures to arbitration have long been subjects of vital concern and lively controversy. This remains particularly true with regard to the utilization of arbitration for the adjudication of labor-management disputes. It is asserted, generally by non-lawyers, that the introduction to labor arbitration proceedings of legal procedures such as prehearing techniques, formalized submission agreements, adoption of rules of evidence, application of precedent, reliance on transcripts, briefs and the like, prolong the proceedings, increase the costs and too often enmesh the merits of the dispute in legal technicalities which becloud the real issues. Simultaneously, it is maintained, most often by lawyers, that similar defects in arbitration proceedings are attributed to the failure of arbitrators to employ legal procedures sufficiently in the arbitral process. Defendant’s Rights is a survey of the various stages of a criminal prosecution in England. It begins with an account of the English criminal courts which is commendably short and concise.
The Adaption of Judicial Procedures to the Arbitral Process,
San Diego L. Rev.
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