Preparing for and Presenting in Arbitration

As a presenter in a CCMA, Bargaining Council and/or private arbitration learn how to ensure that all the necessary information has been gathered for the preparation and presentation of the case in the hearing. This course will equip you with skills to develop a strategy which is consistent with the law of unfair dismissal and the law of evidence, and make persuasive opening and closing statements, and conduct effective examination, cross-examination, and re-examination. This course can be conducted over two or three consecutive days or in a modularized format, to meet clients' needs.

Outline

  1. Challenges in arbitration
  2. Conflict management processes
    1. Definitions of the primary processes
    2. Features of the primary processes
  3. Law of unfair dismissal
    1. Termination descriptions
    2. Substantive considerations
    3. Procedural considerations
    4. LRA codes of good practice
    5. Remedies for unfair dismissal
  4. Procedure in CCMA arbitration
    1. CCMA rules
    2. Con-arb
    3. Pre-dismissal arbitration
  5. Contents of an arbitration agreement
    1. Contents of an arbitration agreement
    2. Automatic and ad hoc agreements
    3. Issue and powers
    4. Typical arbitration agreements
  6. The arbitration hearing
    1. Steps in the usual procedure
    2. An arbitration video
    3. Opening statements
    4. Narrowing the issues
    5. Examining, cross-examining and re-examining witnesses
    6. Closing statements
    7. Dealing with objections
    8. A comprehensive private arbitration hearing procedure
    9. A comprehensive CCMA arbitration hearing procedure
    10. Roles of the participants in the hearing
  7. Preparation for arbitration
    1. Main stages in preparing for an arbitration
    2. Statement taking
    3. Strategising
    4. Final preparation
  8. Law of evidence
    1. Evidence challenges
    2. Basic rules of evidence
    3. Approaches to documents

This course is accredited by the South African Board for People Practices (SABPP) and is aligned to unit standard unit standard 119941 Manage and Conduct an Arbitration Process (12 credits, NQF level 5).

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What participants say

"Very informative. Practical value."
- Kervin Naidoo, July 2018

"I would definitely encourage everyone dealing with employee relations in their organisations to attend this workshop. Refreshing workshop and very interactive."
- Delegate, July 2018

"Informative and engaging. The facilitator is knowledgeable and friendly."
- Delegate, July 2018

"Highly recommended, again and again."
- Delegate, July 2018

"Practical and easy to follow and implement in your own organisation with detailed course material for continued use."
- Maude Letzler, General Counsel

"Extremely practical and useful course."
- Delegate, DTCB, March 2018

"The course is very useful, important and relevant to what I need in order to prepare for Arbitration."
- Delegate, DTCB, March 2018

"It was such an eye opener in the field of labour arbitration."
- Delegate, DTCB, March 2018

"I can strongly say that the course has made me more confident when going into arbitration.The course is amazing and so is the trainer! "
- Participant, Berco Express, February 2013

"Very informative, well presented, good pace, excellent subject matter knowledge. "
- Participant , Berco Express, February 2013

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