Arbitration as it was designed
For much of its history, labor arbitration relied on advocates drawn directly from the workplace.
Union representatives and labor relations professionals presented cases based on their knowledge of the collective bargaining agreement, the facts of the dispute, and the practical realities of the job.
That model reflected the purpose of arbitration: to resolve workplace disputes in a way that was efficient, credible, and grounded in the ongoing relationship between the parties.
Nonlawyer advocacy was not a limitation—it was a defining strength of the system.
The Enduring value of non-lawyer advocacy
As arbitration has evolved, the strengths that define effective nonlawyer advocacy have become more important than ever.
The Shift
A Shift Toward Litigation
As arbitration has become more formal and lawyer-driven, the process often becomes:
More expensive
Legal representation adds costs that many employers and unions cannot absorb.
More time-consuming
Formalized proceedings extend hearings well beyond what disputes require.
More complex
Courtroom formality adds procedural layers that obscure the core dispute.
Less connected
The process drifts from the day-to-day realities of the workplace it serves.
The Response
Strengths of Nonlawyer Advocacy
Nonlawyer advocates bring strengths that reflect arbitration’s original purpose:
Practical knowledge
They understand the workplace, the agreement, and the context of the dispute.
Credibility
Facts are presented with firsthand knowledge and practical context.
Focus
Focus remains on the facts, the agreement, and practical outcomes.
Efficiency
A streamlined approach reduces arbitration time and cost while maintaining sound outcomes.
The goal is access, not exclusion
The goal is not to exclude lawyers from arbitration. Encouraging nonlawyer participation helps restore balance — bringing the focus back to what arbitration was designed to do.
The collective bargaining agreement
The contract that defines the relationship between the parties — the foundation of every dispute.
The facts of the dispute
A clear, direct account of what happened — grounded in the realities of the workplace.
The practical resolution of workplace problems
Outcomes that support the ongoing relationship between the parties — not just a particular isolated dispute.
Questions about non-lawyer advocacy
No. Preparation, knowledge of the agreement, and clear presentation matter far more than a law degree.
Yes. Arbitrators respond to credibility and firsthand knowledge of the workplace, which nonlawyer advocates bring naturally.
Arbitration rewards clarity over complexity. With the right preparation, the process is very manageable.