Investigating - Chapter 3 - Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written numerous books and articles.
§ 3:01 GENERALLY
Thorough preparation is essential to successful arbitration advocacy. No amount of genius, cleverness, or cunning can substitute for preparation. Preparation includes acquiring and mastering the facts upon which claims and defenses are based. Preparation requires a thorough investigation of the facts and legal authority. It also requires development of theories of the case, tested against the facts, and refined until everything about the case fits together in a logical manner. You should make a complete investigation as though you are preparing to represent both sides for arbitration. Such an investigation requires ingenuity, imagination, and hard work. It is essential to be skeptical of the entire story until it is corroborated by credible facts, circumstances and supporting documents. You should interview each person who has knowledge of the event. The substance of each interview should be documented.