Originally from Dispute Resolution Journal

Arbitration can be a viable dispute resolution technique in a wide variety of pension and welfare disputes. They range from disagreements over what the terms of a pension plan should be to disputes arising under plans administered by joint labor-management boards (both between a claimant and the board and between the board members themselves).

The use of arbitration, however, raises a number of unanswered questions: What is the fiduciary role of arbitrators when they are called upon to resolve deadlocks within bilateral boards of trustees? Is a decision final and binding when an arbitrator deals with questions of law rather than fact? Should arbitration be extended to disputes involving claim denials by a Taft-Hartley benefit fund? These and other questions are addressed in this brief, but instructive, article.