ILR School

Arbitration Advocacy Immersion Part I (LR330)

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About the course

Module 1: Case Analysis, Preparation and Opening Statements

From the perspective of both the union and management, participants practice how to develop a clear and effective theory of the case, create a proposed issue statement to be presented at the hearing, identify witnesses and evidence and prepare opening statements.

Participants will draft opening statement and receive feedback. Key areas of emphasis include:

  • Developing an overall theory of the case that is simple, contractually based, easy to explain and engages the arbitrator
  • Identifying the pieces of evidence that support and contradict your theory
  • Determining how to best present that evidence to an arbitrator
  • Persuasively sequencing contractual requirements and facts to reflect your theory of the case within an opening statement

Module 2: Evidence and Direct Witness Preparation and Examination

This module is broken into two basic parts. The first teaches mechanical aspects, including basic evidentiary principles, preparing and introducing documents and witness testimony, including:

  • The relations and differences among argument, evidence and opinion
  • Admissibility versus weight
  • Foundation and competence
  • Marking and introducing documents

The second portion of the module focuses on developing and conducting a direct examination, including:

  • Preparing witnesses for their testimony
  • Sequencing evidence submission for maximum effect
  • Create the “story-telling” dynamic with witnesses and documents
  • Beginning cross-examination

Module 3: Mock Arbitration

Participants participate in a mock arbitration practicing their opening statements, use of evidence, direct, and beginning of cross-examination.

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