It is important that I get my awards right – someone’s job is usually on the line – and better briefs help.
Professor Richard A. Bales
Ohio Northern University Law School
In his recently published article, Writing Effective Labor Arbitration Briefs, Ohio Northern University Law School Professor Richard A. Bales sheds light on a critical aspect of labor arbitration: the written brief. According to Professor Bales, a well-crafted brief is not just a procedural requirement – it is a key opportunity to shape the arbitrator’s understanding of the dispute.
Professor Bales’ article offers advocates a comprehensive set of best-practices. Drawing on his experience as a labor arbitrator, he describes the essentials for each section of the post-arbitration brief, emphasizing what he finds most and least useful. Professor Bales has found that briefs vary widely, and a poor brief can be detrimental: “It is important that I get my awards right – someone’s job is usually on the line – and better briefs help ensure that I don’t miss any important facts or arguments.” He demonstrates how an effective post-hearing brief can clarify contested facts, structure the advocate’s argument, and ultimately advance arbitration’s goals of efficiency and fairness.
Professor Bales hopes that, in addition to impacting arbitration practice, his practice-focused writing will hone his teaching. “Law professors mostly teach law. But a lot of law practice occurs in the shadow of the law,” Professor Bales says. “Over the years, I’ve tried to re-orient my teaching to show how lawyers’ work fits within the framework established by black letter doctrine.”