Issuing a subpoena
Article Abstract:
An arbitrator has the legal power to issue a subpoena, but only the court of that particular jurisdiction can enforce it. The timing of requests for production of evidence is important in deciding whether to use the subpoena power in arbitration. Arbitrators can better determine the validity of such requests when they take place after the hearing commences. If the arbitrators then believe the lack of evidence requested will prejudice the requesting party's case they can issue a subpoena and give the court time to act on it.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
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Punitive damages in arbitration: the debate continues
Article Abstract:
Arbitrators' authority to award punitive damages is rife with uncertainty. The New York Court of Appeals in Garrity v. Lyle Stuart, Inc. expressly denied that arbitrators have the authority to impose punitive damages and the US Supreme Court in Mastrobuono v. Shearson Lehman Hutton Inc. held that the contract language controls the arbitrators authority. Parties should explicitly state their positions on punitive damage awards in arbitration which are consistent with statutory law.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1997
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Mediation: sharing vs. instructing
Article Abstract:
Mediators can impart professional knowledge to disputing parties without violating the code of neutrality. Mediators have the responsibility to impart legal guidelines to disputants. Mediators can also make parties aware of other informative materials, such as a book about child development if it is relevant in a divorce case. Solutions must be reached with both head and heart.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
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