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4.6 Cross-Examination



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:

  1. Challenge evidence. Discredit the opposing party’s claims by identifying gaps, inconsistencies, errors, and exaggerations in their evidence.
  2. 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.