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Grievance Arbitration and Mediation

Grievance Arbitration Advocacy: Winning strategies, practical tips, reducing costs, and more


This hands-on workshop will provide you with valuable experience in mastering all aspects of arbitration disputes. It will provide helpful advice on crafting an effective advocacy strategy, marshalling persuasive evidence, and keeping the process streamlined and manageable. Lancaster's panel of experts will highlight the steps to organizing and presenting a successful case at arbitration and will coach you as you learn these indispensable skills through practice. Topics to be addressed in this interactive workshop include:

  • Crafting a strong case: How can key issues, strengths, and weaknesses be identified? What steps should be taken to investigate the facts? How should each side develop a theory of the case? Can/should the theory change to account for new evidence/issues as they are uncovered?
  • Obtaining and providing disclosure: What sort of documents must be disclosed by each side? What types of documents and information are shielded from disclosure by privilege? When, if ever, will one party be denied access to investigative reports, employee medical records, performance reviews, or internal memos?
  • Gathering evidence: In cases where health issues are at play, when is it advisable to seek an independent medical exam? In cases of employee misconduct, will arbitrators consider evidence of related misbehaviour that is not part of the conduct for which the employee has been punished? When will arbitrators admit video surveillance evidence? What about computer monitoring evidence?
  • Managing the process: What steps can parties take to make the process cost and time-efficient? When should an agreed statement of facts be used? How should timelines be managed? What procedural steps can be simplified to expedite the arbitration process?
  • Preparing and examining witnesses: What factors do arbitrators generally consider when assessing credibility? Should the grievor always be called? If not, when should you consider not calling the grievor? How is the Wigmore confidentiality test applied to determine whether therapists or investigators are compellable witnesses, or whether their notes may be admitted at arbitration? When and how do you use expert witnesses? How should you prepare for cross-examination of the other side's witnesses? What is the rule in Browne v. Dunn and why is it important to keep in mind when cross-examining witnesses?
  • Presenting evidence effectively: How should you decide between introducing documentary and in-person testimonial evidence? What use should you make of hearsay evidence? When and why should you object to evidence?
  • Litigating human rights issues: Do arbitrators apply the same legal test for establishing discrimination as human rights tribunals? What unique evidentiary and other considerations arise when a grievance raises a human rights issue?
  • Making persuasive opening and closing statements: What elements go into the presentation of a cogent opening statement and a winning final argument? Which aspects of the evidence should you focus on? What is the best approach to the citation of decisions and legislation that apply to the case?
  • Seeking remedies: What remedies should you consider seeking? When is it appropriate to request an arbitrator retain jurisdiction?


 
 
 
 

Interested?

E-mail Roshien Asanta or call (416) 977-6618 for more information. We can help to tailor a Customized Training package for you.



Sample Schedule



9:00 a.m. – 9:10 a.m.

 INTRODUCTION 


9:10 a.m. – 10:00 a.m.

 PART 1  Crafting a Strong Case/Disclosure/Gathering Evidence


10:00 a.m. – 10:15 a.m.

MORNING BREAK


10:15 a.m. – 11:00 a.m.

 PART 2  Preparing and Examining Your Witnesses/Managing the Process


11:00 a.m. – 12:00 p.m.

 SCENARIO 1  Interactive Session


12:00 p.m. – 1:00 p.m.

LUNCH


1:00 p.m. – 1:30 p.m.

 SCENARIO 1 CONT'D  Analysis


1:30 p.m. – 2:00 p.m.

 PART 3  Managing The Case


2:00 p.m. – 2:30 p.m.

 PART 4  Presenting Evidence Effectively and Closing Statements/Remedies


2:30 p.m. – 2:45 p.m.

AFTERNOON BREAK


2:45 p.m. – 3:45 p.m.

 SCENARIO 2  Interactive Session and Analysis


3:45 p.m. – 4:00 p.m.

 REVIEW  Questions and Final Comments


4:00 p.m.

 CONCLUSION  Workshop Concludes



Additional Information


MATERIALS
Includes materials, with case summaries and analyses, prepared by Lancaster's legal staff.