Tips on How to Win an Arbitration Case

Woman talking to her lawyer about the arbitration caseThese days, the most frequent disputes of an employee involve either improper discharge or discipline. If you are part of a trade union, the group has the right to decide whether to pursue your complaint. If it does not see resolution during the grievance process, then they could send it to union arbitration for a decision.

A trial is completely different from arbitration, and it is better to understand both before making a decision. At present, it is common to have a single arbitrator that serves as judge paid by both the employer and the union. Here are some tips on how you can win an arbitration case.

Make sure of the violation

Make sure that it is an obvious violation of your contract or practice. You have to weigh things if a breach has occurred by your agreement to make it a good case.

Present proof

Your proof should be tangible and concrete. Gather your evidence like trusted witnesses from the union, past grievances in writing if there is any, dependable notes of facts during discussions with the employer, memos and others. You should collect any physical data that can help make your case strong.

Get credible witnesses

Once you have your witnesses, make sure that they are telling the truth. Let them write their statements individually based on facts as early as possible while they can still vividly remember the incident.  Consistency will make your case strong because an arbitrator does not tolerate lying.

Be clear

They will not allow both parties to present new evidence while the arbitration is in process. So, your stand should already be clear from the beginning. It means that you reiterate that a resolution is needed to the complaint.

Basis

Bear in mind that the arbitration does not base decisions on fairness, but based on the violation of your contract. The decision of the arbitrator is final and binding.

There are more ways to make your case strong and win it and it is always better to understand them first before making a decision.