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Don't forget these two things when preparing for arbitration

by , 29 August 2014
Arbitration takes place when you haven't been able to resolve a dispute in conciliation with your employee.

Experts behind the Labour Law for Managers Loose Leaf Service, say while arbitrations are relatively informal and more relaxed compared to court proceedings, you must still be properly prepared to increase your chances of success.

Read on to discover the two things you must never leave out when preparing for arbitration.

Two things you must never forget when preparing for arbitration

#1: Check if the date and time suits you

The CCMA has to give you and your employee at least three weeks (21 calendar days) notice of the arbitration. If the notice given is shorter than this and you can't prepare in time, point this out to the CCMA and request that it set an alternative date.

According to the report, CCMA for Managers, if you get fewer than 21 days notice of an arbitration hearing and you're prepared and don't feel it necessary to object to the short notice, check whether your employee (or her representative) intends to object to the short notice.

Doing this will help you avoid a situation where you prepare and arrive at the CCMA with your witnesses for the arbitration, only to have your employee object at that late stage.

There's one more thing you must do to prepare for arbitration.

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#2: Prepare your witnesses

Prepare your witnesses properly to give evidence at the arbitration.

This doesn't mean you must tell witnesses what to say, it means you must spend time with them to understand what they'll say in evidence.

This'll help you become aware of what actually happened so you can decide what witnesses you need to call.

This sort of preparation also lessens the risk that a witness will change his story or suddenly remember something on the day that's detrimental to your case and for which you're not prepared.

There you have it. Preparation is key when it comes to arbitration, so never forget these two things.

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