It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine who is telling the truth so that a fair and equitable determination can be made.However, that is far easier said than done. As an Arbitrator who has handled numerous such hearings, I would like to provide you with some factors that I consider useful in ascertaining the truth. Although an evaluation of these factors certainly cannot guarantee that the Arbitrator will make the right call, I believe that in most circumstances it tilts the odds substantially in favor of a correct outcome. Although the “weight” to be given to each factor may vary, here are the top ten factors that I consider in trying to separate fact from fiction.
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