Author Archives: kevin

TOP 10 WAYS TO LOSE AN ARB REASON # 1: OCCAM’S RAZOR – RULE OF SIMPLICITY   Uploaded Evidence … complete Contentions … comprehensive argument … all of the essential ingredients for a well presented subrogation arbitration case but you receive the Arbitrators Award and somehow it’s not in your favor. What went wrong ? … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2 (cont.): MESSAGING THE ARBITRATOR Command … Understood … Affirm … Conform … Motivate ! The ‘Fab Five’ of persuasive Contentions writing. These are the five objectives to consider toward influencing the arbitrator to rule in your favor. Let’s look real world: Command – securing the … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2 (cont.): FIVE STEPS TO PERSUASIVENESS Those who look at the study of Argumentation present that there are actually twenty-eight (28) strategies of arguing ones position. Conversely, there are also nine (9) fallacious arguments which are approaches you want to avoid. Fortunately, for our Blog in … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2 (cont.): THAT IS QUITE A STORY   Storytelling is the little used commodity that can generate success when it comes to Arbitration. At first blush; that statement sounds a bit off base as we all know cases are decided on the Evidence. But the ability … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2: IS THE ARBITRATOR BUYING IT ? TOP 10 WAYS TO LOSE AN ARB REASON # 2: IS THE ARBITRATOR BUYING IT ? One of the reasons we talk about Theory & Theme so much in this Blog is that besides it being a cornerstone of … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 3 (cont.): YOU GET OUT WHAT YOU PUT IN   If you’ve read these Blogs for any time you know that I am a big believer that when it comes to writing your final paragraph in your Contentions that you should so often start off with … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 3 (cont.): THE EYE OF THE BEHOLDER   The Evidence was there; it spoke to complete total support of your Theory and even helped with that dynamic Theme. So how is it you got the unfavorable ruling from the Arbitrator when it seemed so clear cut … Continued

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