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, etc. 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”. Mediation: Representatives must accept some responsibility at this state to assist the arbitrator in assessing the evidence before him/her. Specifically, if the representatives can assist in assessing credibility and/or contradictory evidence, they should do so.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
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, parties or their representatives, 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, etc. 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”. .” Mediation: Representatives must accept some responsibility at this state stage to assist the arbitrator in assessing the evidence before him/her. Specifically, if the representatives can assist in assessing credibility and/or contradictory evidence, they should do so.
Appears in 1 contract
Samples: Collective Agreement
Procedure Guidelines. The Opening Statement: This should basically set out the case from each party’s '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, parties or their representatives, representatives will try to get an agreed statement of facts for presentation to the arbitratorArbitrator. 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, and etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by the representatives representative to ensure that all relevant clauses are put before the arbitratorArbitrator. General rules of evidence will be waived except for the rule of “"onus”". Mediation: Representatives must accept some responsibility at this state stage to assist the arbitrator Arbitrator in assessing the evidence before him/her. Specifically, if the representatives can assist in assessing credibility and/or contradictory evidence, they should do so.
Appears in 1 contract
Samples: Collective Agreement
Procedure Guidelines. The Opening Statement: This should basically set out the case from each party’s '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, parties or their representatives, representatives will try to get an agreed statement of facts for presentation to the arbitratorArbitrator. 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, Palmerand Xxxxxx, etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by the representatives representative to ensure that all relevant clauses are put before the arbitratorArbitrator. General rules of evidence will be waived except for the rule of “onus”. Mediation: Representatives must accept some responsibility at this state stage to assist the arbitrator Arbitrator in assessing the evidence before him/her. Specifically, if the representatives can assist in assessing credibility and/or contradictory evidence, they should do so.
Appears in 1 contract
Samples: Collective Agreement