Four Reasons For Naming Names – Aiding The Arbiter In Multi-Party Arbitration

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Four Reasons For Naming Names – Aiding The Arbiter In Multi-Party Arbitration (This edition concludes our five part series looking at multi-party fact pattern scenarios in intercompany arbitration. Please refer to back issues # 113-116 for additional information). >> “She named names” … many will remember this infamous line from Elaine Benes in the Seinfeld … Continued

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All Parties Present Or – Is It On A Need To Know Basis?

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All Parties Present Or – Is It On A Need To Know Basis? (This issue of the Arbitration Blog continues our series looking at strategy in a multi-party scenario. Please refer to back issues # 113-115 for further information). Claims with multiple parties present unique dynamics both for the presenters of the case and the … Continued

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Relying On Arbitrator Intuition – But Without The Evidence

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Relying On Arbitrator Intuition – But Without The Evidence (This issue of the Arbitration Blog continues our look at a real-world scenario in i/c/a presented over our last two editions). For the sake of our strategic discussion; let’s assume that Party B did formally implead Party C into the arbitration case (most likely) in an … Continued

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What The Arbitrator Doesn’t Know – Might Actually Help You

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What The Arbitrator Doesn’t Know – Might Actually Help You (This issue of the Arbitration Blog continues our look at a real-world scenario in i/c/a presented over our last two editions). We know that tied to this three-party case the carrier for vehicle B had filed an arbitration against the carrier for vehicle C in … Continued

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Odd Man Out – Exploring Strategy In Multi-Party Arbitration

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Odd Man Out – Exploring Strategy In Multi-Party Arbitration This issue of the Blog plays off a scenario first presented in last week’s edition; please review that fact pattern. Knowing that B filed an Answer to A’s arbitration docket and recognizing that B, in their Contentions, argued the negligence of another vehicle C but did … Continued

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The Analytics of Arbitration – Not as Simple as ABC

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The Analytics of Arbitration – Not as Simple 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 a Pure Comparative … Continued

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Closing Time – Sealing The Deal With The Arbitrator

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Closing Time – Sealing The Deal With The Arbitrator We close out our discussion of the four (4) elements of an effective Theme in Arbitration Contention writing by addressing … well, the subject of Closing. We have already discussed the use of Witness Testimony; Graphics and Opening Statements. Keep in mind the focus here is … Continued

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Opening As Respondent – Going Second But Finishing In The Lead

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Opening As 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 context/structure in laying forth your … Continued

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Three Grand Openings – The Preamble To Success

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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 items to consider … Continued

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Becoming A Pro At The Prologue – Setting The Stage For Success

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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 a visual mental … Continued

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