Executive Sessions

Arbitrators should not discuss any matter at issue in the presence of the parties. At any time, the arbitrators may call for executive sessions in order to discuss a matter in private. The mechanism for calling an executive session should be determined by the arbitrators before the hearing begins. All executive sessions are off the record. In an executive session, the arbitrators should try to reach a consensus. When the hearing reconvenes, the Chair announces the decision but need not state the rationale for the decision. The arbitrators should avoid any conflict or dissension in the presence of the parties. The staff member participates in executive sessions only as a procedural advisor to the panel, at the discretion of the arbitrators. All decisions are made solely by the panel.