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ILR School

Arbitration Advocacy Immersion Part I (LR330)

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Description

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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CIPD

How to Prepare for an Employment Tribunal

Next dates

Nov 7—8, 2019
2 days
London, United Kingdom
GBP 910 ≈USD 1117
GBP 455 per day

Description

Gain the necessary knowledge and skills to prepare and deal with an employment tribunal claim.

The practical, two-day How to Prepare for an Employment Tribunal course uses case studies and examples to examine each stage of an employment tribunal claim, from receipt of the application to the hearing. It also includes the latest changes to tribunal rules, and will help you identify which cases to defend and which to settle, as well as build confidence to represent your own organisation or be an effective witness. A mock tribunal case study forms a key part of the course to illustrate how the law works in practice.

Benefits

By the end of the How to Prepare for an Employment Tribunal course, you'll be able to:

  • pick out the key issues of a claim
  • prepare and present tribunal cases
  • advise your organisation on which cases to settle and when

Programme

Employment tribunals – what are they

  • Composition and jurisdiction Tribunal rules and procedures
  • Fees – update on current reviews

** The tribunal claim**

  • Main types of claims, time limits, burden of proof
  • Identifying the issues

Preparing your case – relationship with good HR practice

  • Early conciliation process
  • Tribunal proceedings and forms
  • What to do on receipt of the claim
  • The employer’s response
  • Tribunal orders and non-compliance
  • Preliminary hearings
  • Requesting further information
  • Disclosure of documents
  • The tribunal bundle – what to include / exclude
  • Preparation of statements
  • The role of Acas

At the tribunal – what to expect

  • Examination-in-chief, cross-examination, tribunal questions and re-examination
  • Closing submissions and the conclusion of the case
  • The decision and remedies
  • Costs

After the hearing

  • Reviews and appeals

Practical matters

  • Postponements and adjournments, striking out
  • Equal value claims
  • Differences between rules applicable in Scotland, England and Wales

Areas to watch

  • Time and costs
  • Reputation and publicity, dealing with the media
  • Internal employee relations

Case study

  • Identify the issues
  • Strengths and weakness of your case

Who should attend

HR practitioners responsible for handling employment tribunal claims. Some previous experience of employment tribunals is assumed.

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