Cross examination is one of the most important aspects of the arbitration process. It provides an opportunity to try and contradict and find fault in the witness to discredit what they have to say.
But it is important to note that the questions you ask the witnesses should only be in relation to the evidence presented.
Overall, cross-examination can be a delicate process, and so there certain tactics you can use to ensure that you carry out an effective cross-examination...
Here are three strategies you can use:
1. Never go for a total attack on the witness:
Bombarding the witness with questions might seem unprofessional and can cause a lot of damage for your case if the witness walks away without a scratch.
So rather listen very carefully to what the witness has to say and bring up any inconsistencies and contradictions in her story.
2. Bring up your own story for comment:
Inform the witness of your own story and ask her to comment on it. In doing so, the witness may begin to change her original story and mix up details.
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3. Ask closed questions:
Remember that the witnesses needs to be controlled as much as possible, so ask closed questions wherever you can.
Note that you don't have to cross-examine every witness, but rather those who you feel will trip up.
There are three very useful cross-examination tips for the arbitration process.
To find out more useful tips, click below and gain access to all there is to know on Arbitration and many other labour law issues…
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