Monday (DAY 1)
INTRODUCTION TO THE COURSE
- Introduction of arbitrators & students
- Course objectives
- Materials & teaching methods
- Schedule and assignments for the week
- Time management for the week
- Apportionment of students into small groups for training.
SELECTING THE ARBITRATOR, ARRANGING THE HEARING & HEARING PROCEDURES
- Forms of arbitration tribunals
- Methods of selecting arbitrators
- Arbitration agency procedures
- Statutory arbitration procedures
- Aids in selecting arbitrators
- Pre-hearing communications with the arbitrator
- Arranging dates and locations for the arbitration
- Using court reporters
- Sequence of the hearing
PREPARING THE CASE FOR ARBITRATION
- Determining Arbitrability
- Review and study of grievance documents
- Review and study of employer’s responses
- Interviewing witnesses
- Obtaining documents & other evidence
- Determining theory of the case
- Preparing proposed issues
- Determining evidence & witnesses to use
- Witness preparation & problem witnesses
- Order of proofs
- Joint exhibits
- Preparing stipulations
- Preparing the Trial Notebook
EVIDENCE IN ARBITRATION PROCEEDINGS
- Types of evidence: testimony, real & demonstrative
- Relevancy, materiality & competency of evidence
- Foundations for admission of certain types of evidence
- How to introduce evidence
- Direct evidence
- Circumstantial evidence
- Affidavits and depositions
- Inspections and views
- Admissions against interest
- Offers of compromise
- Evidence obtained in violation of law
- Violations of statutes
- Hearsay evidence
- Public documents & records
- Demonstrative exhibits
- Video testimony
- Obtaining evidence on cross examination
Evening Assignment
INDIVIDUAL PREPARATION FOR OPENING STATEMENT &
DIRECT EXAMINATION EXERCISES FOR DAY 2
- Students prepare opening statements and direct examinations.
- Instructors available for individualized assistance.
TUESDAY (DAY 2)
OBJECTIONS
- Purpose of objections
- How to make objections
- When to make objections
- Objections to leading questions Objections to argumentative questions
- Objections to confusing questions
- Objections to unintelligible questions
- Objections to assuming facts not in evidence
- Objections to previously asked & answered questions
- Objections to beyond the scope questions
- Objections to impeaching one’s own witness
- Objections to hearsay questions
- Objections to relevancy & materiality
- Objections based on best evidence rule
- Objections to questions seeking conclusions
- Objections to documents
- Objections to qualifications of the witness
- Objections to expert witness testimony
- Objections to lay opinion testimony
- Objections to non-responsive answers
- Objections to prejudicial questions
- Objections to improper conduct of witnesses, opposing advocate or arbitrator
OPENING STATEMENT EXERCISES
- Instructor presentation on purposes and techniques of opening statements.
- Each student presents an opening statement & is
- Individually critiqued by an instructor
DIRECT EXAMINATION EXERCISES
- Instructor presentation on purposes and techniques of direct examination
- Each student conducts a direct examination of a witness
- Individually critiqued by instructor
- Profession witnesses provided
THE “JUST CAUSE” CONCEPT AND THE “DOUGLAS STANDARDS”
- Instructor presentation on the “Just Cause” concept and the “Douglas Standards” as they are applied to discipline & discharge cases.
- Students learn how to advocate these concepts in cases
Evening Assignment
INDIVIDUAL PREPARATION FOR CROSS-EXAMINATION AND FINAL ARGUMENT EXERCISES FOR
- Students prepare for cross-examination and final argument.
- Instructors available for individualized instruction.
WEDNESDAY (DAY 3)
CROSS-EXAMINATION EXERCISES
- Instructor presentation on purposes and techniques of cross-examination
- Each student conducts a cross-examination of a witness and is individually critiqued by an instructor.
- Individually critiqued by instructor
- Professional witnesses provided
FINAL ARGUMENT EXERCISES
- Instructor presentation on purposes and techniques of final argument.
- Each student presents a final argument.
- Individually critiqued by instructor
ARBITRATION CASE PREPARATION TIME
- All students and instructors meet in joint session to facilitate preparations for actual arbitration case on Thursday (day 4).
- Students prepare a complete arbitration case for presentation to a labor arbitrator on Thursday (day 4).
- Instructors available to provide individualized instruction
THURSDAY (DAY 4)
ARBITRATION PRESENTATIONS
- Students present arbitration cases to labor arbitrators
- Arbitrators follow actual case procedures.
- Arbitrators are members of National Academy of Arbitrators
RECEPTION FOR STUDENTS, ARBITRATORS & INSTRUCTORS
- Students meet with instructors and arbitrators at an evening social gathering.
FRIDAY (DAY 5) – GENERAL SESSION
- Students meet with instructor for a general session.
ARBITRATOR CRITIQUES AND AWARDS
- Each student is individually critiqued by the arbitrator
- Arbitrator will provide insight about the advocate’s demonstrated skills, strengths, and ways to improve their advocacy.
- Arbitrators provide an oral award and reasoning
- Students are able to ask in depth questions
HOW ARBITRATORS MAKE DECISIONS
- Panel discussion by arbitrators where they share their perspectives on how they resolve issues of disputed facts, determined credibility, review discipline, interpret contracts and determine remedies.
- Question and answer session by students
COURSE CONCLUDES AT NOON