Author Archives: paulc

Graphically Speaking – Are You Contributing To The Chaos? For the most part, arbitrators are no different in an intercompany arbitration hearing than most claim professionals when it comes to communication of information.  They orient themselves to the party that can best provide guidance as to the ‘what happened’ of the claim.  Making sense out … Continued

Graphics In Arbitration – Sculpting The Narrative Painting the Picture has been a constant central idea in our recent Blogs as we have continually instilled the vital importance of Theory and Theme in arbitration.  But what about a more literal application of that narrative to your case presentation.  Many Blogs ago we discussed the importance … Continued

Feel Free To Quote Me – How Your Insured Contributes DIV/Insured Name/Applicant driver/Policyholder … all often have the same connotation in the world of intercompany arbitration.  Incorporating into your Contentions commentary taken from your insured whether via Recorded Statement or even Adjusters Notes is fundamental advocacy.  However, the one thing routinely left out of the … Continued

Stating The Obvious – Using Your Insureds Statement The use of the Recorded Statement is one of the most dynamic pieces of Evidence an advocate can use in writing their Contentions.  It affords a party an opportunity to get right to the point with the arbitrator about what happened; sets the stage for successful case … Continued

How Do You Know? … I Was There … How Do You Know? One of things that often surprises me when looking at a parties Contentions tied to the File Reviews we do; is when I see a case presented that hardly utilizes the statements of a carriers own insured or witnesses to the loss.  … Continued

Becoming An Arbitration Prose – Writing The Right Words “Language shapes the way we think, and determines what we think about.” – a quote taken from theorist Benjamin Whorf.  The application of that thought to presenting your Contentions in an arbitration case should be self-evident to anyone filing cases.  In other words; the language that … Continued

The Pulse Of The Story – The Need To Read The car came speeding through the parking lot and without warning suddenly broadsided our insured pulling into a parking space.  That is a theme …. that is the image we want the arbitrator to take away and hold about the incident.  As we have discussed … Continued

100 Arbitration Blogs – 10 Tips And 1 Constant Celebrating Arbitration Blog # 100 … let’s look back over 99 issues with the Top 10 things highlighted about intercompany arbitration along with one constant: 1.)  The process belongs to the parties.  Never forget when communicating with an arbitration provider; that the process (at its essence) … Continued

The Brushstroke Theme – Framing The Arbitrators Mindset The tree hit the car … no really; the tree jumped out and hit my Car !  While not actually plausible; it did at least get you thinking what it might look like if it could  even happen.  Next to your Theory; the succeeding most impactful think … Continued

Give Me A Reason To Rule In Your Favor – But Make It Convincing The compelling reason to have an arbitrator rule in your favor should serve as a guiding principle directing your case argument.  Telling a persuasive story is fundamental advocacy in arbitration.  A persuasive storyline has six (6) basic characteristics you should incorporate … Continued