The arbitrator should give you an opportunity to question the other party’s evidence, including oral testimony. When conducting a cross-examination, avoid asking questions to which you do not know the answer, as well as questions that allow for open-ended responses. The goal is to ask leading questions that get the other party or one of their witnesses to endorse certain statements about the evidence. Here are some examples:
- After the tenancy ended, you re-rented the unit to someone else, correct?
- On May 14th, you received a letter from the tenant, right?
- You accepted rent after the effective date of the eviction notice, didn’t you?
There are two general objectives that you hope to achieve through cross-examination:
- Challenge evidence. Discredit the opposing party’s claims by identifying gaps, inconsistencies, errors, and exaggerations in their evidence.
- Challenge credibility. Discredit the opposing party’s claims by showing that they or their witnesses are being dishonest, have a lack of knowledge, or are clearly mistaken.
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