Author Archives: kevin

A PROCESS WITH LIMITED LIMITATIONS: FUNDAMENTALS OF INTERCOMPANY ARBITRATION A PROCESS WITH LIMITED LIMITATIONS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As much as we embrace Arbitration in this Blog; we’ll also readily admit to a few downsides of the process.  While not accentuating those … we are also very aware that the benefits of the process … Continued

THERE’S MORE THAN FINAL & BINDING: FUNDAMENTALS OF INTERCOMPANY ARBITRATION THERE’S MORE THAN FINAL & BINDING FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As one last quick reminder:  Our series ‘Fundamentals of Intercompany Arbitration’ will take an expansive look into this process established for over 80 years within the insurance subrogation arena.  A Guidebook for the well … Continued

WHY ARBITRATION IN THE FIRST PLACE: FUNDAMENTALS OF INTERCOMPANY ARBITRATION WHY ARBITRATION IN THE FIRST PLACE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Conflict in inevitable … one of the first things taught when being introduced to the field of ADR (Alternative Dispute Resolution).  Our series ‘Fundamentals of Intercompany Arbitration’ will take an expansive look into this … Continued

THE ARBITRATION BLOG YEAR IN REVIEW: WE NAME-DROPPED JUST A LITTLE BIT THE ARBITRATION BLOG YEAR IN REVIEW WE NAME-DROPPED JUST A LITTLE BIT    12,000 words on Arbitration made it into the Blog this year.  That comprised 40 issues and a variety of topics all toward case advocacy !  We started with Witnesses as … Continued

COMEDIC ARBITRATION ADVOCACY: THREE FORGET ME NOTS COMEDIC ARBITRATION ADVOCACY THREE FORGET ME NOTS    Prior to our BIG Year-End edition of the Blog … let’s cover three ‘forget me not’ subjects in contrast to the three important points we offered last week.  Take these a bit tongue-in-cheek as (honestly) we really know they are … Continued

ARBITRATION FOR THE … ‘THREE’: RULE; STRATEGY; CONCEPT ARBITRATION FOR THE … ‘THREE’ RULE; STRATEGY; CONCEPT    Let’s take the chance and shoot from long distance toward optimal Arbitration performance !  We’ll call it Three Important Points cultivated from years in the business.  One) please do not be surprised when the adverse party sends you … Continued

ARBITRATOR UNDERSTANDING: IT’S ALL IN THE APPROACH ARBITRATOR UNDERSTANDING IT’S ALL IN THE APPROACH    So how do you say what you want to say without saying it when it comes to the ground rules of Arbitrator decision making.  Clearly, there is a certain decorum and tact one can take conveying the message without routing … Continued

PROCESS OVER EVIDENCE: ARE THE FEELINGS MUTUAL ? PROCESS OVER EVIDENCE ARE THE FEELINGS MUTUAL ?    Feelings !  Rarely do we talk about that in the Arbitration Blog.  Judge Judy is fond of saying ‘how you feel does not matter to me’.  Her focus on the Evidence in support of the party’s narratives.  At … Continued

FOR ARGUMENT’S SAKE: YOUR BURDEN VS. OUR BURDEN FOR ARGUMENT’S SAKE YOUR BURDEN VS. OUR BURDEN    Straightforward Question – the Applicant has the burden of proving negligence in this case.  They must show liability resides with ABCD Insurance.  This should be done through independent Evidence such as Police Reports; statements of witnesses; etc.  Efforts … Continued

ATTENDING TO THE INATTENTION BE SWIFTY ABOUT IT ATTENDING TO THE INATTENTION BE SWIFTY ABOUT IT    Could be those Chicken McNuggets … could be the Son that literally tossed a tablet from the back seat to the front or it could be you FINALLY got the bot to accept your efforts to snag those … Continued