Glossary

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While less formal than trials, arbitration practice involves the use of some specialized vocabulary.  To assist the reader with understanding those terms, we have created a glossary of arbitration terms.

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A
Adverse Witness
Advocate
Appeal
Affidavit
Arbitrability
Arbitral Notice
Arbitration

B
Back pay
Bargaining unit
Bench decision
Best evidence
Bifurcation
Brief
Bumping
Burdens

C
Cease-and-desist order
Charge
Circumstantial evidence
Class action
Collateral estoppel
Collective bargaining
Concerted activity
Consent award
Cumulative evidence

D
Damages
Deferral
Demeanor
Deposition
Direct Evidence
Direct examination
Disclosure responsibilities (or an arbitrator)
Discovery
Documentary evidence
Due process
Duty of fair representation

E
Evidence
Exhibits
Ex parte communication
Expert witness

F
“Fifth Amendment Rights” in arbitration
Final and binding
Foundation
Free speech
Front pay
Functional link (or nexus)

G
Grievance
Grievant (Grievor)

H
Hearing
Hearsay evidence

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I
Impasse
Inferences
Injunction
Issue to be decided

J
Jurisdiction of the arbitrator
Just Cause

L
Laches
Last-chance agreement
Leading question

M
Maintenance of standards
Make-whole relief
Management rights
Materiality
Mediation
Mediation-arbitration (Med-arb)

O
Objections
Offer of proof
Opinion evidence/Opinion testimony

P
Parol evidence
Past practice
Per diem fee
Prima facie case
Progressive Discipline
Public policy consideration

R
Rebuttal
Relevant evidence
Remedy
Rules of evidence

S
Sequestration
Seniority system
Settled Record
Shop steward
Stare decisis
Submission agreement
Subpoena
Subpoena duces tecum
Summary judgment

T
Terms and conditions of employment

U
Unfair labor practice

V
Voir dire

Z
Zipper clause