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
TOP 10 WAYS TO LOSE AN ARB REASON # 8: THAT IS A NICE PICTURE There is little question the use of Demonstrative Evidence aids Arbitrators in their decision making process. Survey after survey of neutrals attest to that. This said … we’ve opted to go with Reason # 8 that parties may fail to … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 9 (cont.): WE OPT TO GO SECOND By all means … you go first ! Pretty congenial for arbitration but in giving that comment a second look we arrive at the last strategy for Reason # 9 (lack of a strategic direction) toward why parties … Continued
A ‘SPECIAL’ KIND OF NEW YEAR COVERAGE, CONTRIBUTION AND COMPENSATION First to first and third to third … sounds like some kind of baseball analogy but way too early in the year for that. Actually, it is relevant to intercompany arbitration. One of the core advantages of Arbitration is that you can design a process … Continued
2014-A YEAR OF BLOGS IN REVIEW THE REASON FOR THE SEAON IN AN ARBITRATION CONTEXT The logic leads to the desired conclusion and the reason makes plausible sense … THAT is the “rationale” every advocate should hope for in an Award from the arbitrator as a result of their Contentions. In our scenario (subject of … Continued
WE’VE GOT THE REASON FOR YOU-HOW LACK OF IMAGINATION CAN IMPACT YOUR ARBITRATION Continuing our storyline from the last Blog and in reference to past characteristics of persuasive storytelling (a/k/a writing effective Contentions) …we know that part of our narrative needs to explain why the adverse driver took the actions they did. In essence, … Continued
ORGANIZING FACT BASED CONTENTIONS BUILDING THE DETAILS SUCCESSION PLANNING IN ARBITRATION Reviewing the ability to offer a persuasive story to the arbitrator involves six (6) characteristics. We progress to trait # 4 with a look at supporting the factual details. Essentially, in writing Contentions you strive for the succession of each supporting fact. In … Continued
NO ISSUE>>HAPPY THANKSGIVING ONE CONFERENCE SEVEN POINTS ARBITER DECISION MAKING It was a pleasure to present at the NASP Conference in Orlando last week a course on How Arbitrators Decide Cases, In retrospect; wanted to utilize this Blog to cover the seven (7) main points highlighted in that session. 1.) Essentially, there are two … Continued
NASP CONFERENCE THE CREDIBLE ARBITRATION NARRATIVE IT’S YOUR WITNESS Weighing competing stories is part of the job for any panelist hearing subrogation cases. They recognize a majority of the claims submitted in arbitration will involve driver versus driver scenarios with not only competing storylines but also competing interests. Knowing the latter; how can you … Continued
SEARCH TO RESEARCH THE ANALYTICS OF ARBITRATION NOT AS EASY AS ABC A files arbitration against B; B asserts in their Answer that C is the responsible party for the loss despite the fact that B paid A the original subrogation Demand presented. It is noted B files no Counterclaim for this loss in … Continued