TOP 10 WAYS TO LOSE AN ARB REASON # 3 (cont.): THE EVIDENCE FACTOR Asking an Arbitrator why they ruled the way they did is almost as challenging as asking Pete Carroll why he threw the ball the last play in the SuperBowl. That said … reviewing why Arbitrators ruled in the manner they did … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 3: THE ELEPHANT IN THE ‘HEARING’ ROOM We all talk about it ? We air concerns over it ? Whether you are on the claims side; heavily involved in day-to- day subrogation at your company or were actually involved in the claim itself; discussion of … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 4: CONNECTIVITY BREAKDOWN Arbitrations done through written brief (Contentions) are certainly unique in that the lack of an inter-personal dynamic between the parties and the arbitrator make for an isolated hearing environment. This leads us to Reason # 4 you may not have prevailed in … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 5 (cont.): THE FOLLOW-UP The distinction in the arbitration Contention writing setting between recognizing a Statement that need be supported and one that can be considered a given can make the difference in the outcome of your case. This is especially true when it comes … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 5: WHAT DID YOU SAY ? To quote Don Henley let me get right ‘to the heart of the matter’ … one of the unique things about intercompany arbitration is that cases are (for the most part) presented in writing. One of the first things … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 6: LOST IN THE DETAILS; HOPE NOT I believe it was George Constanza of Seinfeld fame who once said …. ‘I want Details and I want them now ! You’re not in the mood … well you get in the mood !’ Similar to the … Continued
CELEBRATING 150 ARBITRATION BLOGS 15 TIPS IN 20 WORDS OR LESS 45,000 words on subrogation arbitration ! That’s what we’ve written since the first issue of ‘Case Presentation 101’ dropped in late April 2012. To celebrate that milestone; we thought we would go with our 15 best tips in 20 words or less in honor … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 7 (cont.): TURNING THE ARBITRATOR It was Albert Einstein who once offered … ‘If you cant’ explain it simply; you don’t understand it well enough’. One of the inherent benefits of arbitration is that advocates are presenting their case to someone with subject matter expertise. … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 7: MAKING SENSE OF IT ALL ‘So this is what the case is about ….’ . For anyone who has watched Judge Judy they will recognize this as one of her frequent opening lines in addressing the parties in a case before her. Claim professionals … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 8 (cont.): SHOW vs. PROVE ‘Every picture tells a story don’t it’ … perhaps grammatically incorrect but then Rod Stewart wrote that line. Yet … his song has benefit even in the intercompany arbitration world. We’ve talked about the importance of advocates taking the time … Continued