Witnesses can be key in winning or losing an arbitration. It is important for witnesses to remember the following tips:
- First and foremost – always tell the truth; if you don’t remember something, say so
- Dress neatly and professionally; your appearance will leave an impression on the arbitrator as to your truthfulness
- Speak clearly and loud enough for everyone in the room to hear
- Make sure you understand the question being asked and think about your answer thoroughly before answering; ask for clarification if you are unsure
- Answer questions directly and succinctly, without volunteering information that was not asked; if further explanation is needed you will be asked a follow-up
- If you give a wrong answer by mistake, speak up and correct your answer as soon as you can
- If a question is asked about a contract provision, you may ask to see the provision before answering
- The advice above applies whether under direct or cross-examination, however, cross-examination can be more confrontational; avoid becoming excited or angry even if the questioner seems to be “baiting” you
- Lastly, always tell the truth – this CANNOT be overstated