Rights In Conflict: How can you represent two members involved in a dispute with each other?

Anticipate Problems and Act On Them Immediately

You start gathering facts right away. Before Jim and Sam leave, you tell them that when they get home they should write down everything that happened from 15 minutes before the fight until 15 minutes after. It's important they write down what actually happened while it is still fresh in their minds. The more they think about what happened, the more they will change the memory in their own minds. Those first recollections are as close to the truth as you're going to get.

That's also why you should interview eyewitnesses as soon as you can. Once they go back to the job, they'll discuss the incident, and they'll begin mixing up what they saw with what other people tell them. Studies show that after a few days people have trouble telling between what they heard from others after an incident and what they actually saw and heard themselves.

As you question witnesses, remember to ask each one to name anyone else they think was nearby and may have seen what happened. The more witnesses you have, the better.

Keep in mind that in an arbitration, just as in a court trial, your case is only as strong as your documented evidence. Your written notes are the best documentation you have most of the time, so be sure to take good ones. Write down all the details. You never know which one might be the one that turns the case for you.