中国仲裁辩护手册（英）.doc

__________________________________________________________________ CHINA ARBITRATION ADVOCACY HANDBOOK __________________________________________ I. Trial Persuasion II. Opening Statement III. Direct Examination IV. Cross Examination V. Impeachment VI. Closing Argument VII. Teaching Arbitration Advocacy to Law Students ? University of the Pacific - McGeorge School of Law I. Overview of Trial Persuasion: Definition and Significance A. Defined In the adversarial system, each side presents its case in a way designed to persuade the fact-finder (decision-maker), whether arbitrator, judge or jury, that its version of the facts makes more sense than the opponent’s such that its side should prevail. Some of the pivotal elements of persuasion include: The credibility of the side’s witnesses and evidence (documents, displays, etc.); A coherent Case Theory and Case Theme: -Case Theory is a succinct statement by each side of what happened and why it happened. (See Section C below.) -Case Theme is a short, easy-to-remember version of the Theory, a “bumper-sticker” incorporating a powerful moral sense of right and justice, and appealing to the fact-finder’s desire to arrive at a just result. The trustworthiness of the attorney presenting that side’s case, and the power of his belief in his side’s case, which he must embody in his presentation. Trustworthiness equals credibility. B. Use of Persuasion in an Arbitration/Trial Setting Over the course of the week we will focus on ways to teach advocacy students techniques to be effective advocates in an arbitration, including how to present one’s witnesses to maximize their credibility and persuasive effect. There is a direct correlation between the lawyer’s demeanor in the courtroom and the effectiveness of his witness when testifying. As to the attorney’s trustworthiness and belief: The attorney must be reliable in all aspects of the trial presentation: well-prepared, timely, equipped with the pertinent