Author Archives: kevin

GETTING DEFENSIVE ABOUT ARBITRATION PART FOURTEEN: SHIFTING PRODUCTION GETTING DEFENSIVE ABOUT ARBITRATION PART FOURTEEN: SHIFTING PRODUCTION   There is little doubt those familiar with intercompany Arbitration are accustomed to the Burden of Proof the Applicant has in supporting its allegations.  What those on the Respondent side may not be as acquainted with is a concept … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART THIRTEEN: YOUR BURDEN … YOUR RESPONSIBILITY GETTING DEFENSIVE ABOUT ARBITRATION PART THIRTEEN: YOUR BURDEN … YOUR RESPONSIBILITY   Burden of Proof … a time honored phrase so familiar to those filing and hearing intercompany arbitration cases.  And of course, lest we forget Standard of Proof and the clear distinction from … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART TWELVE: SERVE AND VOLLEY GETTING DEFENSIVE ABOUT ARBITRATION PART TWELVE: SERVE AND VOLLEY   Was taught a long time ago in teaching Arbitration classes that it’s really in the way ‘you serve it up’ to your audience.  How creative; how interesting can you make the content so those attending embrace … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART ELEVEN: REFERENCE MATERIAL GETTING DEFENSIVE ABOUT ARBITRATION PART ELEVEN: REFERENCE MATERIAL   Not sure where it started or how it even came to be but somewhere along the continuum of Arbitration argument; parties started to feel the need to educate Arbitrators.  Instead of focusing on the merits of the case; … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART TEN: MAKIN’ THE SCENE GETTING DEFENSIVE ABOUT ARBITRATION PART TEN: MAKIN’ THE SCENE   Few things I like better than looking at the Applicant’s list of Evidence in intercompany arbitration and ‘not’ seeing a Scene Diagram.  I often want to say Thank You for not taking the time to prepare … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART NINE: ONE-ON-ONE GETTING DEFENSIVE ABOUT ARBITRATION PART NINE: ONE-ON-ONE   It is said that Advocates in Arbitration should not state something as a Fact if the proclamation is solely based off the testimony of one Witness and other Witnesses contradict the individuals statement.  As Respondent in putting forward my best … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART EIGHT: BE LIKE GEORGE COSTANZA GETTING DEFENSIVE ABOUT ARBITRATION PART EIGHT: BE LIKE GEORGE COSTANZA   Someday I’m going to write a series in this Blog on just ‘details’.  We talk about it all the time in Arbitration case administration and I’d have to believe in Claims … it’s just … Continued

**** THE 500TH EDITION **** IS ARBITRATION A PART OF YOUR DNA ? **** THE 500TH EDITION **** IS ARBITRATION A PART OF YOUR DNA ?   Do you think Arbitration more than you should ?  Are terms like Deferments and Articles of Agreement; Post Decision Coverage Allowances and Impleading more a part of your … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART SEVEN: NOTICE THE LITTLE THINGS GETTING DEFENSIVE ABOUT ARBITRATION PART SEVEN: NOTICE THE LITTLE THINGS   As we pointed out last week; Police Reports are Business Records and submitted into Arbitration for ‘what they say’ as Documentary Evidence … might they also be taken into account for ‘what they say … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART SIX: POLICE REPORTS AND PROBATIVE VALUE GETTING DEFENSIVE ABOUT ARBITRATION PART SIX: POLICE REPORTS AND PROBATIVE VALUE    You’ve read the Report … you know that the Officer’s narrative tilts in favor of the Applicant yet your Theory is that the loss did not occur in the way the Recovering … Continued