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
CLOSING TIME OPENING RESPONDENT GOING SECOND BUT FINISHING IN THE LEAD Many who have read the Blog from week-to-week will recall discussion of the opportunities and some say the ‘advantages’ of going second in intercompany arbitration. We also reviewed the RTS concept which stood for a methodology of Refute; Transition and Support as the … Continued
OPENING ONTHE DEFENSE THREE GRAND OPENINGS THE PREAMBLE TO SUCCESS With a clear understanding that most cases in intercompany arbitration are presented via Contentions that usually encompass less than 400 words; it is recognized that the Opening Statement for your case will be extremely brief and direct. That said; are there some takeaways or … Continued
OUTLINING THE OPEN BECOMING A PRO AT THE PROLOGUE SETTING THE STAGE FOR SUCCESS In a recent Arbitration Blog we discussed the impact an assertive Theme can have on your overall case presentation beginning with the initial paragraph. You may recall we stressed the importance of painting a dynamic picture so the arbitrator has … Continued
BEGINNING AT THE OPENING GRAPHICALLY SPEAKING ARE YOU CONTRIBUTING TO THE CHAOS ? For the most part, arbitrators are no different in an intercompany arbitration hearing than most claim professionals when it comes to communication of information. They orient themselves to the party that can best provide guidance as to the ‘what happened’ of the … Continued
WHEN AND WHERE TO USE GRAPHICS GRAPHICS IN ARBITRATION SCULPTING THE NARRATIVE Painting the Picture has been a constant central idea in our recent Blogs as we have continually instilled the vital importance of Theory and Theme in arbitration. But what about a more literal application of that narrative to your case presentation. Many … Continued
HAPPY 4TH OF JULY FEEL FREE TO QUOTE ME HOW YOUR INSURED CONTRIBUTES DIV/Insured Name/Applicant driver/Policyholder … all often have the same connotation in the world of intercompany arbitration. Incorporating into your Contentions commentary taken from your insured whether via Recorded Statement or even Adjusters Notes is fundamental advocacy. However, the one thing routinely … Continued
LET YOUR INSURED BE A PART OF THE CASE HOW DO YOU KNOW ? … I WAS THERE… HOW DO YOU KNOW ? One of things that often surprises me when looking at a parties Contentions tied to the File Reviews we do; is when I see a case presented that hardly utilizes the statements … Continued
SAMLPING THEMES 100 ARBITRATION BLOGS 10 TIPS AND 1 CONSTANT Celebrating Arbitration Blog # 100 … let’s look back over 99 issues with the Top 10 things highlighted about intercompany arbitration along with one constant: 1.) The process belongs to the parties. Never forget when communicating with an arbitration provider; that the process (at its … Continued
100 ARBITRATION BLOGS & COUNTING…THE BRUSHSTROKE THEME FRAMING THE ARBITRATORS MINDSET The tree hit the car … no really; the tree jumped out and hit my Car ! While not actually plausible; it did at least get you thinking what it might look like if it could even happen. Next to your Theory; the succeeding … Continued