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Arbitration — Labor Disputes — Presenting a Case

Although less formal than a trial, an arbitration hearing will be structured in a similar way. Each party will present its case through opening and closing arguments, witnesses, and relevant documents and evidence. Based on the merits of those things, the arbitrator will issue a decision that, in most cases, will be final and binding.

In arbitration, the presentation of the case may be done by the individuals involved, their advocates (such as a union representative), or attorneys. Regardless of who does the actual presentation, there is a general procedure that the arbitration hearing will follow. Because each element plays a distinct role in helping the arbitrator to make a decision, it is important to understand the purpose and format of each.

Opening Statements


Every arbitration hearing will begin with an opening statement from each party. Since this is usually the first time the arbitrator is hearing about the dispute and the parties involved, it is a good opportunity to introduce the parties, lay out the general premise of the case, and make a strong impression on the arbitrator.

There are a number of key elements that should be included in every opening statement. First, there should be a presentation of papers and information detailing the grievance process that led up to the arbitration. Information about the grievant–work experience, past performance, current status–should also be covered. The details of the employment contract, bargaining history, and company policies should be presented to the arbitrator, with relevant portions annotated. Additionally, both parties should offer a witness list, including the proposed function of each witness. Finally, a reference to past practice or applicable state laws is always appropriate.

Witnesses


After the opening arguments, each party will call its witnesses. Once the witness is interviewed, the opposing side will have the opportunity to cross-examine him. It is of the utmost importance for a witness to understand his responsibility–to be honest and direct regarding what he knows. He should be told what to expect, but not coached on what to say.

There are generally two types of witnesses. The first are those who have personal knowledge of the case at hand–those who observed or heard actions or statements relevant to the case. The second are expert witnesses, who may be called on to assert or interpret facts not clear to the average individual. (In labor disputes, an example may be an individual who can clarify the meaning of drug test results.)

Closing Argument


The final element in presenting the case to the arbitrator is the closing argument. Its purpose is somewhat similar to that of the opening statement–to leave a strong and lasting impression on the arbitrator. It should reiterate the most important points of the case as well as address any new issues or evidence that came up during the course of the hearing.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.

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