Arbitration Advocacy Immersion Part II (LR331)

Module 1: Evidence Part II

This module teaches additional evidentiary rules and principles and reinforces the practices of reintroducing facts into evidence, including:

  • Hearsay, non-hearsay and exceptions
  • Best evidence rule
  • Parole evidence rule
  • Offers of compromise and privilege
  • Cumulative evidence

Participants apply these principles to more complicated fact patterns.

Module 2: Cross-Examination

Building on Part I’s introduction to cross-examination, this module teaches and tests deeper understanding of cross’ purpose and how to build and execute an effective cross-examination. The program also focuses on elements of bad cross and how advocates can identify and eliminate such practices. Key area of emphasis include:

  • The two purposes of cross-examination
  • Putting the competing theories at the center of cross
  • Structure: Tone, Facts, Phrasing and Persuasive Order
  • Preparation
  • Special issues when discovery is present/not present
  • Step-by-step process of impeachment
  • How to deal with difficult types of witnesses

The module places a heavy emphasis on practice with each participant getting the opportunity to plan and conduct a cross-examination and receive expert feedback.

Module 3: Mock Arbitration

Participants participate in a mock arbitration practicing their opening statements, use of evidence, direct, and cross-examination.


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