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Union delegates voted yesterday to ask the State Public Employment Relations Board to appoint a three-member fact-finding panel, a group of arbitrators that makes makes nonbinding recommendations for a settlement.
In a statement, USADA said: "All respondents will have the opportunity to exercise their right to a full public arbitration hearing, should they so choose, where all evidence would be presented, witness testimony would be given under oath, and an independent group of arbitrators would ultimately decide the outcome of the case".
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All cases were anonymised and re-arbitrated by six pairs of arbitrators who usually work together.
Their reliance on a small group of specialist lawyers also meant that arbitrators sitting in judgment were the ones who at other times represented corporate clients.
"The independence or impartiality of arbitrators may be compromised".
Biographies of Arbitrators for the Cambodian Arbitration Council (PDF, 47 KB).
You can get an idea of each parties' attitude from their choice of arbitrators.
The part of the agreement now in dispute regards the hiring of arbitrators.
Arbitrators – or organizational leaders playing the part of arbitrators – listen to each side of the conflict and then unilaterally decide and announce a binding outcome.
The exogenous heterogeneity in the composition of the panel of arbitrators allows us to illustrate its effect on bargaining.
We show that the number of arbitrators used interacts with their experience and independence to reduce uncertainty and facilitate settlement.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com