When seeking union arbitration decisions, presenting the case properly is vital. The attached video goes through several key points to consider prior to the arbitration hearing. This includes gathering the right evidence and witnesses and understanding the power of the arbitrator.
Parties must meet a “burden of proof,” which means providing enough clear and convincing evidence to support their claim or defense. Only the arbitrator can decide if a party has fulfilled their burden of proof. Arbitrators cannot give advice on what evidence to present. They can, however, advise on how to present the evidence.
A timeframe with key dates is set early in the arbitration process. One of these dates is a deadline to submit and exchange evidence. Failure to meet this date means the arbitrator may ignore the evidence provided when making their decision. The arbitrator decides whether evidence must be submitted digitally, as hard copies, or as both.
There’s also a final date to exchange lists of witnesses. During an in-person hearing, both parties and the arbitrator can question any witness. The arbitrator has the final decision on whether to allow witnesses or not.
Generally, the party that filed the claim gets to present their case first. However, the arbitrator may decide a different order depending upon the circumstances. The arbitrator also decides when they have enough information and closes the hearing. Union arbitration decisions are delivered within the timeframe decided at the start of the arbitration process.
If you need assistance with arbitration, you need to hire a qualified attorney. The right professional will ensure your case goes as smoothly as possible.
