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