THE RELIABLE CHAIN OF INFERENCE HOW AM I GOING TO DEFEAT YOUR ARB. ‘There is only one reliable guide to Credibility and that is there are no reliable guides to Credibility’ … a characterization offered years ago at an Academy of Arbitrators meeting and one that sets the backdrop in our efforts to explore how … Continued
MAKING A DECLARATION ON YOUR CASE HOW AM I GOING TO DEFEAT YOUR ARB. Arbitrators know that they want to be able to trust and depend on the truthfulness and accuracy of witness and/or insured transcribed Statements presented before them. So, in my efforts to defeat your case (your narrative and your Theory) what items … Continued
THE ONE CAVEAT TO WITNESSES HOW AM I GOING TO DEFEAT YOUR ARB. When last we left our series on ‘How Am I Going To Defeat Your Arb.’ we had already shown our first line of attack as reviewing your list of Declared Evidence tied to your Contentions. We transitioned from that to your Demonstrative … Continued
SUBROGATION ARBITRATION IN 2016 1 YEAR …. 47 ISSUES …. 14,100 WORDS Looking back over a years worth of intercompany arbitration writing … let’s take a quick look at all those topics covered hitting the high notes for what should be remembered. We started off 2016 talking about Special Arbitration; perhaps an underused forum that … Continued
CONFLICTING VIEWS OF THE INTERVIEW HOW AM I GOING TO DEFEAT YOUR ARB. Almost since it’s creation … a fundamental tenet of intercompany arbitration is the lack of the exchange of Evidence between parties subject of the hearing. Because of that (unless the parties trade proofs willingly); it is understood that you may not have … Continued
BASICALLY … THAT’S NOT GOING TO WORK HOW AM I GOING TO DEFEAT YOUR ARB. One of the most fun parts of teaching Contentions writing for intercompany Arbitration over the years is where you arrive at the part of the curriculum of words ‘to use’ and words ‘not to use’ in the content of your … Continued
GLOSSING OVER THOSE DETAILS ? HOW AM I GOING TO DEFEAT YOUR ARB. The opportunity to cast even marginal doubt with your Witness or insureds Statement can impact the outcome of any Arbitration ! As I continue in my effort to marginalize the reliability of your witness to the accident; I am adding one more … Continued
YOUR WITNESS AT A DISCOUNT ? HOW AM I GOING TO DEFEAT YOUR ARB. ‘You Want To Tell Me Who’s Telling The Truth ?’ … a frequent comment from Judge Judy to an asserted ‘independent’ witness on her courtroom show. And while a rather straightforward proclamation; we know that Arbitrators have to sort credibility with … Continued
IT’S ABOUT BELIEVABILITY HOW AM I GOING TO DEFEAT YOUR ARB. One of the more fundamental tenets almost every Arbitrator applies is what’s known as the ‘Ring True’ approach. Basically it’s a way of looking at competing Evidence and opposing storylines and the Arbitrator arriving at the conclusion of which of these conflicting narratives has … Continued
WITNESS, SPECTATOR OR PARTICIPANT ? HOW AM I GOING TO DEFEAT YOUR ARB. Hopefully, my efforts to undermine your insureds transcribed Statement that you referenced in your Contentions as well as my confronting the submittal of Adjusters Notes before the Arbitrator has the panelist giving thought that ‘you’ have not truly proven your case. That … Continued