Arbitration In Dispute Resolution In Mecklenburg
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How to prepare and present a labor arbitration case Conduct a comprehensive investigation. Collect relevant documents. Study the contract to find clauses that directly or indirectly affect the dispute. Talk to anyone who might be able to help provide a full picture of the case, providing a strong factual foundation.
If you don't know the answer to a question, don't guess; simply say, “I don't know the answer but will get it for you promptly.” Acknowledging that you don't know everything is credibility-enhancing (provided it does not happen frequently), as is acknowledging some of your oppo- nent's (non-critical) contentions.
PREPARING FOR AN ARBITRATION HEARING The pages must be numbered and bound together. Witnesses need to be prepared in advance and need to be available to attend the hearing. Parties should also be open to conciliation and prepared to try to resolve the matter.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
Witnesses are usually asked to swear or affirm to the truthfulness of their testimony. After a witness has given direct testimony, the other side has the opportunity to cross examine the witness. After all those witnesses have testified, then the union puts on their case. You are expected to be a witness.
Hearing Stage: Parties present their case through a process that may be in-person, over the phone, or document-based, depending on the arbitration rules and agreement. Additional written arguments may also be submitted post-hearing. Award Stage: The arbitrator closes the hearing once all evidence is submitted.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
--(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration ...
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
