HOW TO WIN YOUR ARBITRATION CASE BEFORE THE HEARING EVEN STARTS by ProQuest

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									HOW TO WIN YOUR
ARBITRATION CASE BEFORE
THE HEARING EVEN STARTS
                                                                              By Matthew M. Franckiewicz




                                                    I. What Does Winning Mean?

                                                    Most advocates, upon receiving an arbitration award,
                                                    turn immediately to the last page to see if they have won
                                                    or lost. But a complete victory in arbitration means more
                                                    than receiving an award that says “Grievance sustained”
                                                    or “Grievance denied.”
                                                        A real victory involves not simply achieving a particu-
                                                    lar result from the arbitrator, but achieving that result as
                                                    expeditiously as possible, as economically as possible,
                                                    and with as little harm to the continuing relationship
                                                    between the parties as possible. The last point deserves a
                                                    little more attention. Arbitration can be used to resolve
                                                    many disputes, from medical malpractice issues, to Title
                                                    VII claims by former employees, to business disputes.
                                                    Unlike many such arbitrations, in which the parties will
                                                    never see each other again, in the collective bargaining
                                                    context, the parties are partners to a continuing relation-
                                                    ship. Prevailing on the current grievance at the cost of
                                                    undermining future dealings between the parties is at
                                                    best a partial victory.
                                                        Labor arbitration was promised to be a superior
                                                    method for resolving disputes than traditional court-
                                                    room litigation. Arbitration was supposed to be cheap-
   Matthew M. Franckiewicz has been                 er, quicker, and friendlier. But, in recent years, it has
   trying or deciding cases for over 35 years.      come to resemble the litigation model it was intended
   After graduation from the Massachusetts          to supplant.
   Institute of Technology and the University           Let us first explore some ways that the parties can
   of Chicago Law School, he served for 14          arrange to conduct the arbitration in a way that, regard-
   years as a trial attorney for the National       less of the outcome of the case, delivers the outcome as
   Labor Relations Board.                           efficiently, swiftly, and amicably as possible.
                                            2009 by Matthew M. Franckiewicz
                                                                                                         115
HOW TO WIN YOUR ARBITRATION CASE BEFORE THE HEARING EVEN STARTS


II. Win-Win Arrangements                             save not just days, but months from the time of
                                                     the selection to the award.
Let us assume for the moment that you are pre-          Of course, not all cases are ready for sched-
paring for arbitration between parties who have      uling at the time the parties pick the arbitra-
not arbitrated previously, or at l
								
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