Fundamentals Of Arbitration: A Guide To Proceeding With Confidence    

Without proper preparation and an understanding of the process, going to arbitration can be intimidating and expensive - not to mention the fact that you and your organization will have to live with the result.  This dynamic one-day session will provide the practical, how-to information you require so that you can prepare efficiently and effectively and achieve the best possible outcomes.    

You will learn how to:

• Weigh the pros and cons/analyze the strengths and weaknesses of your case, to determine whether or not you should go to arbitration
• Prepare your case, including collecting the evidence, developing your argument, preparing your witnesses
• Present the evidence, examine and cross-examine witnesses and more
• See the case the way your arbitrator will, so that you can be as persuasive as possible from the outset

The program will cover:    

To Arbitrate or Not to Arbitrate - That is The Question

Preparing The Case

• Terms defined
• Organizing the case - the basics
• What is the union's case?
• Special issues in disciplinary cases
• Collecting the evidence
• Collective agreement interpretation and other non-disciplinary cases
• Facts and evidence
• Developing your theory of the case
• Preparing your witnesses/ preparing yourself for cross examination

The Hearing

• The order of proceedings
• Preliminary objections
• Opening statements
• Basic rules of evidence
• Power to admit evidence
• The basic rule
• The hearsay rule
• Introduction     
• What is hearsay?
• The problem with hearsay
• The use of hearsay in arbitrations
• Hearsay exceptions
• Other types of evidence
• Privileged evidence
• Subsequent fact evidence
• Similar fact evidence
• Expert testimony

What Arbitrators Can And Cannot Do  

• Sources of arbitral authority
• Amendments to the Labour Relations Act:
• Getting to the heart of the matter
• Dealing with questions of fact and law
• Extension of time limits
• Timely awards
• Enforcement of pre-hearing settlements
• Other powers, including pre-hearing settlements
• Employment-related legislation
• Deemed human rights protection 
  
  Presenting The Evidence I    
       
• Organizing the evidence
• Order of witnesses; exhibits; demonstrative aids     
• Direct examination of witnesses
• The form of the examination-in-chief   
• Style of the examination
• The rule against leading questions
  
  Presenting the Evidence II
       
• Cross-examination: purpose and scope
• Re-examination
• Examination of the witness by the Arbitrator
• Reply evidence
• Making objections
    
   Making Your Argument
        
• Don't be an ostrich    
• Order of argument
• Preparation of argument in chief
• Factual argument
• Developing your legal argument
• Putting it all together