Why are labour arbitrators usually not bound by strict court procedures?

Labour arbitrators are not bound by strict court procedures, particularly regarding the burden of proof and the presentation of evidence, because labour arbitration is designed to function as a specialized mechanism for resolving disputes within the framework of a collective-bargaining agreement rather than as a substitute for the formal judicial system.12

By operating outside the rigid constraints of court rules, arbitrators can evaluate factual evidence more freely, which allows them to address the specific economic, financial, and relational nuances of a particular industry or workplace. This flexibility enables the arbitrator to effectively apply the terms of an existing contract to grievances—such as discipline, seniority rights, or working conditions—in a manner that fosters industrial stability. Furthermore, because the arbitrator is often an expert in industrial relations, this informal approach facilitates a more practical and efficient resolution of disputes, ensuring that the parties can maintain their ongoing professional relationship.1