Business Training Courses2

Usually only lawyers, especially experienced ones, understand the importance of effective cross examination of the other party’s witnesses!!
      When preparing your case at the CCMA or even when defending a disciplinary hearing-you MUST draft cross exam questions for the other party’s witnesses. The legal principle is that if you don’t challenge the other party’s witnesses by questioning their version you are in fact accepting their version of events. Thus, the commissioner or chairman will then decide on a balance of probabilities whose version is more likely to be true yours or the company’s version. It the company’s version is not challenged then the commissioner or chairperson is unlikely to decide in your favour. Thus, the company’s representative is likely to question your version of events BUT are you prepared to question their version and are you prepared for the company’s possible cross exam of you?
      You will be surprised how easy it is to ambush a witness who does not anticipate or expect a cross exam especially from a non- lawyer. I have a current case where a client of mine had learnt from me how to cross exam & so when he cross examined the company witnesses at a disciplinary hearing they made essential admissions which helped his case. The company tried to solve this problem by trying to get a new chairperson & starting afresh saying the first chairperson had recused herself. However, it is now on tape or recorded that the company witnesses had a different story ie. they are lying as their version changed at the second hearing after the company witnesses had been prepped for my client’s cross exam. There are also evidence issues regarding recordings so tell the company you are recording especially as you may need to appeal.
      The BOTTOM LINE is that a good, well prepared cross exam of the other party’s witnesses is essential to help you succeed in winning!!!