Any topic (writer’s choice)

Format:  essay

Opening statement: Using the scenario below and the guidelines in chapter 9 of the CP&P text, write an opening statement that you, the Bank’s Senior Manager of HR, will draft for the Assistant General Counsel’s consideration for delivery in the hearing.

You believe that telling a story is the most compelling method of persuading an arbitrator.
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Background For Week 9 Assignment

Use the scenario in the week 8 materials link.

Once again, here is the AAAs Employment Arbitration Road Map that youve followed closely so far: https://www.adr.org/sites/default/files/document_repository/AAA237_Employment_Arbitration_Road_Map.pdf (Links to an external site.)Links to an external site.

Assume for this assignment that the arbitrator held a pre-arbitration conference within the time frame permitted under the AAAs Employment Arbitration Rules and Mediation Procedures (the Rules) and addressed many of the topics in 8. Arbitration Management Conference. See this link: https://www.adr.org/sites/default/files/EmploymentRules_Web2119.pdf (Links to an external site.)Links to an external site.

The arbitrator’s scheduling order confirmed:
The issues to be arbitrated;
Bank must prove its termination of Ms. Slicks employment contract was justified.
Ms. Slick must then prove that the Bank’s termination was not justified.
The date, time, place, and estimated duration of the hearing;
November 19, 2020, at 9am 12pm at the arbitrators office in the large conference room;
The resolution of outstanding discovery issues and establishment of discovery parameters are consistent with AAA guidelines;
The law, standards, rules of evidence and burdens of proof that are to apply to the proceeding;
The arbitrator stated that the parties burden of proof is a preponderance of the evidence (51%/49%).
The exchange of stipulations and declarations regarding facts, exhibits, witnesses, and other issues;
The names of witnesses (including expert witnesses), the scope of witness testimony, and witness exclusion;
Witnesses for Bank President of the Board of Directors, VP of Audit, Senior VP of Customer Complaints
Witness for Slick Ms. Slick
The arbitration will be bifurcated (liability phase and damages phase will be separate);
The parties agree to share the expense of stenography; arbitrator will select the stenographer.
The parties will summarize their arguments orally;
The award will consist of a finding/no finding of liability and an amount of damages, if appropriate;
The allocation of attorneys fees and costs, if appropriate, will be awarded consistent with the RULES AND MEDIATION PROCEDURES of the AAA;
There are no undisclosed claims;
Documentary evidence must be submitted at the hearing;
Witness testimony must be provided at the hearing;
Confirmation that the dispute arose from an individually-negotiated employment agreement.
The parties subsequently agreed to mediate this dispute utilizing an AAA mediator, but were not able to resolve their differences. Consequently, the November 19th hearing date is approaching.

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