Learn how to:

• Prepare effectively for the hearing and develop the theory of the case
• Assess your opponent’s case
• Make opening and closing statements
• Examine and cross-examine effectively
• Establish the facts at the hearing and tender evidence and object to evidence

a) The First Principles of Arbitration

To ensure you have a solid foundation for the coming week, the opening session offers a picture of the environment in which an arbitrator must operate.

By the end of this session, you will have a foundation in:

• The role and powers of the arbitrator
• The purpose of arbitration
• Governing legislation
• Development of arbitral jurisprudence
• The evolution of doctrine

b) Introduction to the Arbitration Hearing

To give a sense of the "look and feel" of the typical labour arbitration hearing, we offer this overview of the process and normal procedures to follow. At the same time, you get a chance to pick up a few pointers on typical presentation pitfalls to avoid.

c) Advanced Topics in Arbitration

For more experienced advocates, we offer a parallel workshop on advanced topics such as streamlining the hearing. You will negotiate an agreed statement of facts and argue a preliminary motion on the admissibility of video surveillance.

d) Preparing for the Hearing

Do you know the types of evidence that arbitrators require? What types of evidence will be excluded? What are the rules governing hearsay? We show you how to get essential facts into the evidentiary record, and how to assess your opponent's theory of the case.

Learn the following eight steps of foolproof case prepping:

• Learn the facts
• Develop your theory
• Consider precedents
• Take stock of possible flaws or amendments
• Consider preliminaries
• Narrow your focus
• Prepare your witnesses
• Prepare opening/cross/closing

e) Becoming a Research Hound

Legal research can be costly in terms of time and money. We offer a series of questions to help shape a research plan, introduce you to a basic research model, and give you tips and resources to get you going in the right direction.
f) Arbitration and Human Rights
Delve deeper into the issues surrounding arbitration and human rights, such as sexual harassment and discrimination against the disabled. Take away an invaluable resource booklet on "the duty to accommodate at arbitration."

g) Mastering the Hearing

Learn how to prepare your witnesses and evidence. Practice what you have learned in a role play, and get a live demonstration of how to qualify an expert witness. Find out how to order your evidence and how to hold the attention of the arbitrator. We offer techniques on questioning and presenting exhibits that are highly effective.

Learn more about:

• Delivering effective opening and closing statements
• Examining, cross-examining, and reexamining witnesses
• Understanding key aspects of the rules of evidence
• Objecting at the right time and in the right way

h) Mock Arbitration

Here is your once-in-a-lifetime chance to practice your new advocacy skills and get expert coaching along the way. With a partner, research your case and prepare an opening statement, examination-in-chief, cross examination, and closing argument. Deliver your case before an experienced arbitrator.

i) Awards and Debriefing

In the final session, assemble with your colleagues to hear the arbitrators' awards and share impressions of the mock hearing. How did you fare? Did you encounter any surprises?

Interactive learning

Your learning team will present a mock arbitration case before an experienced arbitrator, from finely crafted opening statement through to probing cross examination and persuasive closing argument. The week concludes with a roundtable discussion and Arbitrators’ Awards. How successful were you?

Takeaways

• Labour Arbitration Workbook

Organizational benefits

• Significant savings in grievance arbitration costs
• Faster and more streamlined preparation for hearings
• Better labour management relations
• Greater knowledge of employment law nuances

This program is designed for labour lawyers and labour relations professionals who are involved in the grievance process or who prepare and present cases before boards of arbitrators.

• Director, Human Resources, City of London
• Staff Relations Specialist, Government of Newfoundland and Labrador
• Contract Analysis and Research Specialist, Ontario Nurses' Association
• Union Representative, Retail, Wholesale & Department Store Union (RWDSU)
• Associate Human Resources Business Partner, Workplace Safety and Insurance Board
• Labour Relations Officer, Canadian Nuclear Safety Commission
• VP Human Resources, Crosbie Group
• Vice President, Human Resources, Sanofi Pasteur
• Deputy Director, Employee Relations, Sanofi Pasteur Limited
• Manager, Employment Equity & Diversity, Bell Canada
• Chief, Labour Relations & OHS, Transport Canada
• Deputy Fire Chief, Caledon Fire and Emergency Services
• Corporate Human Resources Manager, IPEX Inc.
• Director, Human Capital Management, Oxford Properties Group Inc.
• Manager of Human Resources, Saskatchewan Rivers School
• Human Resources Consultant, Sask. Institute of Applied Science and Technology
• General Secretary, Prince Edward Island Teachers' Federation
• Labour Relations Specialist, City of London
• Executive Staff Officer, Nova Scotia Teachers Union
• Labour Relations Officer, The Professional Institute of the Public Service of Canada
• Human Resources, IKO Industries
• Senior Adviser, Via Rail
• Human Resource Manager, Irving Tissue
• Assistant Director, Academic Labour Relations, University of Ottawa
• Labour Relations Consultant, County of Simcoe
• Human Resources Manager, Rogers Communications Inc.
• Human Resources Service Partner, City of London
• Labour Relations Advisor, City of Medicine Hat
• Human Resources Manager, CTV Television Inc.
• Labour Relations Manager, Coca-Cola Bottling Company

Deborah Leighton

Professor Deborah Leighton is a member of the faculty of the School of Policy Studies, at Queen's University, teaching in the Master of Industrial Relations program since 1994. She has been a labour mediator and arbitrator since 1992, and has been a named arbitrator for many parties including Air Canada and ACPA, University of Toronto and CUPE, and the Ontario Colleges of Applied Arts and Technology (CAAT-Academic) and OPSEU.

In addition to her private practice as a mediator and arbitrator, Deborah has acted in these roles for a number of public boards. She has been a Vice-Chair at the Ontario Crown Employees' Grievance Settlement Board since 1996 and a Vice-Chair, at the Ontario Public Service Grievance Board since 1992. She served two terms as an Adjudicator, for the Ontario Human Rights Tribunal between 1992 and 1998.

Deborah's education includes a BA in Law from Oxford University, and an LLM from the University of Texas at Austin.

Deborah presents at the following IRC program(s): Labour Arbitration Skills

Felicity Briggs

Felicity Briggs has been a mediator and arbitrator since 1991. Felicity began her career in labour management relations after working for six years as a registered nurse. She spent 12 years with the Ontario Nurses' Association in a variety of positions, including manager of the arbitration department. She has chaired numerous rights and interest boards of arbitration, served as a Vice-Chair of the Grievance Settlement Board since 1993, and participated in a variety of special projects with the Ontario government and the Ontario Public Service Employees Union. Felicity became a member of the National Academy of Arbitrators in 2009.

Felicity presents at the following IRC program(s): Labour Arbitration Skills

Donald Carter

Donald Carter is Professor Emeritus at the Queen's University Faculty of Law. From 1993 to 1998 he served as Dean of Law at Queen's and from 1985 to 1990 was the director of the Queen's Industrial Relations Centre/School of Industrial Relations. He has served as President of the Canadian Industrial Relations Association (1991-92) and as Chair of the Ontario Labour Relations Board (1976-79).

Donald is also the author of numerous articles and monographs relating to labour law and industrial relations and is an editor of Labour Arbitration Xpress. Currently he is Chair of Ontario's Public Service Grievance Board as well as being active as a labour arbitrator and mediator.

Donald presents at the following IRC program(s): Labour Arbitration Skills

Craig Flood

Craig Flood practices in the area of labour law representing unions and has developed a special expertise in the area of workplace safety and insurance. He is the head of Koskie Minsky's Labour Law Group.

Craig has represented trade unions and employees in proceedings involving the acquisition and preservation of bargaining rights, unfair labour practice complaints, discipline and discharge, occupational health and safety, essential services and grievances arising under collective agreements. He has appeared before a number of specialized tribunals such as the Ontario Labour Relations Board, the Canada Industrial Relations Board, the Crown Employees' Grievance Settlement Board and the College of Nurses of Ontario. As well, he has acted as counsel in judicial review matters, including before the Supreme Court of Canada.

In addition, Craig has represented workers at all appeal levels of the provincial workers compensation system, including the Workplace Safety and Insurance Appeals Tribunal. (WSIAT) more...

William Hayter

William Hayter is a labour and employment lawyer based in the Niagara region who acts for employers in disputes with their employees. He is engaged in a broad spectrum of disputes associated with the negotiation or administration of collective agreements, whether in court or before a variety of administrative and labour tribunals. He has appeared before courts at every level in Ontario, as well as the Supreme Court of Canada. His clients include Atomic Energy of Canada, Bank of Montreal, Hershey Canada, City of Hamilton, Humber College of Technology and Advanced Learning, and Ontario Power Generation. He has a Bachelor of Commerce and law degree from Queen's University.

William presents at the following IRC program(s): Labour Arbitration Skills

Rick Jackson

Rick Jackson is associate professor at Queen's School of Business. He has been teaching at Queen's for more than 30 years, specializing in labour relations, negotiation, and dispute resolution. He works as a consultant and third-party neutral, including serving as an arbitrator and mediator in both labour and commercial disputes. Rick is currently a Vice-Chair of the Ontario Public Service Grievance Settlement Board and acts as an arbitrator under the Ontario Labour Relations Act, Canada Labour Code, and Ontario Police Services Act. He has also acted as a fact-finder, mediator, and arbitrator under the Ontario School Boards and Teachers Collective Negotiations Act.

Rick presents at the following IRC program(s): Labour Arbitration Skills

Megan Telford

Megan Telford is the associate vice president of the Employment Advisory Group at the Toronto-Dominion Bank Group. Previously, Megan was a lawyer in the labour and employment law group at the law firm of Heenan Blaikie in Toronto and was a sessional instructor in the Queen's University Faculty of Law. Before joining the Toronto-Dominion Bank, Megan was on leave from Heenan Blaikie to work for the Permanent Court of Arbitration in The Hague, Netherlands.

She has published articles on a wide range of labour, employment, administrative law, and human resources issues. Her most recent contribution includes Standards of Review of Federal Administrative Tribunals, published by Butterworths Canada (fourth edition is in progress). Megan obtained both her Masters of Industrial Relations and her Bachelor of Laws in the inaugural year of the Queen's University MIR/LLB program.

Megan presents at the following IRC program(s): Labour Arbitration Skills

Kingston: Four Points (May 27-31, 2012)

Queen's University IRC is proud to hold this session at Four Points by Sheraton Hotel, located at 285 King Street East, in historic downtown Kingston. Hotel rooms are available to participants at a special rate until one month prior to the program. Following your registration for the program, we will provide you with an unique link for hotel reservations. For more information on the hotel visit http://www.fourpointskingston.com/.