Written by long time federal sector employment law practitioners, this text provides instruction on advocating before the MSPB and arbitrators. Practice tips, forms, outlines, checklists, do’s and don’ts, and lessons from over 60 years of the authors’ experiences as trial lawyer, judge, and arbitrator help the advocate prepare and effectively litigate a case. Practitioners and those who “second-chair” or interact at any step in the advocacy process rely on the Art of Advocacy for instruction on topics including:

• The Essence and Importance of Effective Advocacy
• Board Fundamentals: Process and Procedures, Laws and Regulations—MSPB structure, appealable actions, remedies, affirmative defenses, and important cases by topic
• Arbitration Fundamentals: Process and Procedures—specific categories of cases, arbitrator selection, and award review
• Proof Requirements: What to Prove, How to Prove It—nexus, penalty reasonableness, affirmative defenses, proof requirements for misconduct and performance cases, and evidence
• Preappeal Advocacy: Critical Employee or Agency Considerations—agency fact-finding, proposal notice, response and agency decision notice
• Winning on Discovery—Board discovery procedures, document production, interrogatories, admission requests, depositions, and discovery in arbitration
• Advocacy and Effective Motion Practice—motion in limine, to dismiss, strike, disqualify, bifurcate and for summary judgment, a more definitive statement, protection order, sanctions, subpoena, enlargement, extension of time or continuance, interlocutory appeal, enforcement, and attorney fees
• The Winning Direct Examination—how to organize direct and how to question, the keys to clarity and persuasion, and special questioning techniques and situations
• The Winning Cross-Examination—what to ask and when to ask it, seven keys to clarity and persuasion, and common objections
• Oral and Written Advocacy: the opening, closing, posthearing brief, petition for review
• Settlements and the Art of Advocacy—how to weigh the pros and cons of settlement and specific clauses

Also includes a detailed table of contents and appendices with sample opportunity notices.

Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.

Related Items

(2014) Broida & Gilbert on EEO Advocacy

Gary Gilbert and Peter Broida provide intermediate to advanced level instruction for agency advocates on federal EEO administrative proceedings: discovery, hearings, and appeals. They discuss the proper role of counsel during the EEO counseling and investigation process; discovery; motion practice; effective summary judgment submissions; approaches to settlement; hearing preparation, practice, and procedure; examination of witnesses; opening and closing statements and briefs; OFO appeals; and interaction with judges, opposing counsel, and pro se complainants. (more details)

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(1997) Agency Advocacy Before the MSPB and EEOC (Instructional Audio)

This training course is written and narrated by two seasoned agency advocates who offer their experience, analysis, and advice to agency representatives on how to effectively advocate before the MSPB or EEOC. (more details)

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(2005) The Advocate's Practical Guide to Using Mediation (.pdf download)

A “how-to” approach to mediation with advice on how best to achieve client goals and tips on finding creative solutions for dispute resolution. This guide presents a brief, but thorough explanation of the uniqueness, benefits, and purpose of mediation. Major topics include how mediation is useful, a step-by-step overview of the mediation process, mediators, preparing for and participating in mediation, confidentiality, understanding and using the caucus, working toward resolution, impasse and difficult passages, and concluding the mediation. (more details)

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(1997) Arbitration Advocacy (Instructional Audio)

Practical and engaging, this two hour audio course walks management and union representatives through the arbitration process with advice and analysis along the way. (more details)

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(2014) Advocacy: The Box Set

Want to learn the basics of advocacy before the civil service, labor relations, and EEO tribunals? Federal Sector Advocacy: The Boxed Set presents six comprehensive video training lectures, with .pdf workbooks, by practitioners Peter Broida and Gary Gilbert, both long-time authors and lecturers (and pretty good advocates), that covers the waterfront:

• Broida on Federal Sector Arbitration
• Broida on Federal Sector Administrative Advocacy
• Broida on MSPB Practice
• Gilbert & Broida on EEO Advocacy
• Broida on Federal Sector Mediation
• Broida on Federal Sector Settlement

Workbooks and The Advocate's Practical Guide to Using Mediation by John Settle are conveniently included on each disc. Links between table of contents and text, as well as internal cross-references, are included for use while viewing each workbook on screen.

A total of approximately 19 hours of instruction, principally intended for agency advocates, but useful as well for union and private sector representatives. (more details)

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