The Reason For The Season 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 the last two issues); we have … Continued
How Lack Of Imagination Can Impact Your Arbitration Case Presentation 101 is produced by Claims Resource Services; one of the nations top arbitration and subrogation services firms. Thewriter Kevin Pike can be reached at kpike@claimsresource.com and has daily tips on arbitration via Twitter: @Arb2Win
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 other words; you organize … Continued
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. Essentially, there are two types of Awards … … Continued
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 convince the … Continued
Explaining The Explainable – Taking An Accounting ‘The fact remains’ … often as arbitrators weigh competing Contentions they attempt to decipher (or maybe the parties offer) any facts of the loss that are not in dispute. This allows them to set aside those elements of the case and hone in on areas of the claim … Continued
Arbitration Storytelling – Why Did They Act Like That Your insured is broadsided while turning left on a green light; a car coming the opposite direction slams into the passenger side door. A scenario seen frequently for those involved in intercompany arbitration. We know that to prevail on your subrogation claim; you must prove a … Continued
Arbitrator Not Buying Your Argument – The Art of Persuasion Fundamentally when beginning to write your Contentions in a subrogation case for the Arbitrator; there are basic principles every advocate employs. Some of these are self-evident in that you seek to tell a resounding story; that you offer an impressionable Theme and that you appeal … Continued
Hearsay – Formally Revisited Adjusting A Perception The use of Adjusters Notes in intercompany arbitration cases is clearly on the increase. This has created an age-old discussion point for almost all filers whether Applicant or Respondent about the admission of “Notes” in a hearing. Keep in mind these Adjusters Notes (or Summaries) may be in … Continued
Every Picture Tells A Story – What Is Yours Telling ? As has been discussed in many of our Blogs; the use of Demonstrative Evidence has been cited over and over again by Arbitrators as critical in aiding them in deciding cases. What is perhaps most interesting and noted in many case reviews of Contentions … Continued