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In the run up to arbitration, prepare the following evidence for the Commissioner

by , 15 October 2014
You have an arbitration hearing coming up. To prepare for this dispute resolution process, you:

• Check if the date and time suits you;
• Check to see if you need to have legal representation;
• Check if you're happy with the Commissioner who will arbitrate;
• Have a pre-arbitration conference;
• Disclose all relevant documents to the other party; and
• Prepare your witnesses.

You're happy with yourself because you've covered all your bases.

But, you've left something out: Preparing the evidence you'll give the Commissioner. He needs this evidence to make a sound decision regarding the matter.

Keep reading as we show you how to prepare the evidence so you can beat the odds at arbitration.

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Here's how to prepare the evidence you want to place before the Commissioner during an arbitration hearing

The Labour Law for Managers Loose Leaf Service outlines what you must do to prepare your evidence:

  • If you know what witnesses the other side will be using, prepare cross-examination questions in advance;


  • The witnesses called at the disciplinary enquiry will often be called again at the arbitration. Carefully study the minutes or transcript of the disciplinary enquiry to see if there were inconsistencies or contradictions in the evidence that was led; and


  • Write out questions that expose these inconsistencies or contradictions.

Preparing evidence is crucial as thorough knowledge of what the witnesses said in earlier proceedings will help you in both cross-examination and in argument. This will help you strengthen your case.
Bottom line: If you want to beat the odds at an arbitration hearing, never forget to prepare the evidence you'll give the Commissioner.
PS: For more information on all things related to the CCMA, check out the CCMA for Managers.

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