Common use of Procedure Guidelines Clause in Contracts

Procedure Guidelines. The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator. The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. The Arguments: As agreed, the parties will not cite legal precedents, but may refer to Xxxxx & Beatty, Palmer, or other legal research materials. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by the representatives to ensure that all relevant clauses are put before the arbitrator. General rules of evidence will be waived except for the rule of “onus.”

Procedure Guidelines. The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator. The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. The Arguments: As agreed, the parties will not cite legal precedents, but may refer to Xxxxx & BeattyXxxxxx, PalmerXxxxxx, or other legal research materials. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by the representatives to ensure that all relevant clauses are put before the arbitrator. General rules of evidence will be waived except for the rule of “onus.”