THEORETICALLY SPEAKING BELIEVE ME THE ROLE OF TRUST & ACCEPTANCE “I told her the Truth; As you see it … yes as I see it ! ~ the infamous exchange between Jerry and George from the Seinfeld episode ‘The Beard’. Believability … we all know George attested to it but how about when it … Continued
THREE ASPECTS OF THEORY THE FACTS ARE NEVER ENOUGH DIRECTING THE ARBITRATOR THROUGH THEORY The logic leads to the desired result… clear-cut description of the vital importance of a Theory when presenting your case in intercompany arbitration. As discussed last week; the role of Theory and Theme are essential trademarks for those effective at writing … Continued
ASSEMBLING THEORY BREAKING IT DOWN; BUILDING IT UP YOUR ARBITRATION CASE IN ONE SENTENCE “What is the case about ?” … so often the first words uttered when seeking to assist a claim professional in designing their Contentions for presentation in intercompany arbitration. Over many years of working with claim representatives in discussing fact patterns … Continued
THE BUILDING BLOCKS OF CASE ARGUMENT OPENINGS IN ARBITRATION AVOIDING THE TYPECAST It was baseball manager Yogi Berra who offered … ‘if you don’t know where you’re going; when you get there, you’ll be lost.” Such is often the case dynamic for those beginning to write their Arbitration contentions. The very essence of your case … Continued
DOES THE ARBITER NEED TO KNOW IMPLEADING IN ARBITRATION YOUR CHOICE… YOUR STRATEGY Recognizing that arbitrators lack the jurisdiction to make an Award against a party not signatory to arbitration; how do advocates incorporate a seemingly innocuous component into their case argument (a party tied to the accident or loss but not bound to arbitration). … Continued
GOING FOR IT ALL THE ASSORTMENT OF VARIABLES PACKAGING THE ARGUMENT This loss occurred on May 7, 2013 in Anytown, USA. The weather was clear and their were no road obstructions. How many subrogation arbitration cases have you seen written with this type of introduction ? While we will take a look at optional ‘Openings’ … Continued
EXAMINING CASE DYNAMICS ALL ARBITRATIONS ARE NOT CREATED EQUAL One of the most critical aspects of presenting your case in arbitration is ensuring that the most key person ‘the arbitrator’ has a thorough and complete understanding of exactly what it is that is in dispute. This goes beyond a basic approach of telling them … Continued