Document Type

Article

Publication Date

7-2009

Journal Title

Texas Wesleyan Law Review

ISSN

1081-5449

Abstract

Since arbitrators are not bound by the strict rules of evidence applicable in court, there originally developed a practice of admitting hearsay 'for what it is worth.' As various texts and many arbitrators have stated, 'Rarely do the parties know what it is worth, at least not at the hearing.' I would add, nor in the preparation of their briefs. As far back as 1967 a prominent group of arbitrators concluded: 'Unless corroborated by truth-tending circumstances in the environment in which it is uttered, it (hearsay) is unreliable evidence and should be received with mounting skepticism of its probative value as it becomes more remote and more filtered.' This statement strengthened the underpinnings of the practice of receiving hearsay, but limiting its probative value. It is reflected, e.g., in the following comment on the 'for what it is worth,' if anything, concept: In accepting it, however, the arbitrator is expected to have the expertise and experience to properly evaluate the evidence and to accord it the appropriate weight dependent upon the corroborating circumstances surrounding it.

First Page

533

Last Page

543

Volume Number

15

Issue Number

3

Publisher

Texas Wesleyan University School of Law

Included in

Law Commons

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