What is Arbitration?


Mock Arbitration

1. Investigatory Interview

2. Pre-Arbitration


Investigatory interview: This is the initial interview that take place after an employer suspects a rule violation has occurred. The purpose of this is to allow the employer to gather facts before they make a disciplinary decision.

Pre-Arbitration:This is the initial meeting between the parties to the dispute and the arbitrator. At this they will discuss the evidence to be submitted, the witness list, possible settlements, discover and number of days required for arbitration.


3. Opening Statement from Employer

4. Direct Examination by Employer


Opening statement: This is the first step in the arbitration hearing. Both someone representing the employer and someone representing the employee take turns outlining their case, the evidence and witnesses they will present and suggestions for disciplinary action. This is like a road map for the arbitration.

Direct Examination: During the arbitration the employer or employee presents witnesses. When the party that presented the witnesses asks them questions this is a direct examination.


5. Cross examination by Employee's attorney

6. Closing Statement by Employee' attorney


Cross examination: During the arbitration the employer or employee presents witnesses. When the opposite party of who presented the witnesses asks questions, this is called the cross examination. Cross examination occurs after direct examination.

Closing: Both the employer and employees representatives present a closing statement. This is the last thing to occur before the arbitrator presents his/her decision. The closing is an opportunity to reiterate the facts presented throughout the arbitration and re-suggest a disciplinary action. This is basically a final plea from each party.


Interest Arbitration


Non-Union Setting Arbitration