All Arbitrations Are Not Created Equal One of the most critical aspects of presenting your case in arbitration is ensuring that the most key person ‘the arbitrator’ has a thorough and complete understanding of exactly what it is that is in dispute. This goes beyond a basic approach of telling them this is a car … Continued
Areas Of Agreement – Effective Advocacy Defining for the arbitrator key characteristics of the loss are critical triggers in building the foundation of your case presentation. Keep in mind an old adage of arbitration … it is not for the arbitrator to decipher the parties case; it is for the parties to present their case … Continued
Four Characteristics For Every Advocate Fundamental arbitration advocacy teaches us there are four (4) core components to effective presentation before an arbitrator. These four elements transverse arbitration protocol irrespective of the type of dispute being presented. In essence, every advocate in an arbitration hearing needs to be cognizant of these and make the concerted effort … Continued
Pondering Preponderance Often in thinking about preparing to present a case in arbitration; the writer begins the thought process of how they intend to show or persuade the arbitrator that their Theory regarding what transpired is the right one. As discussed last week; we call this displaying the ‘correctness’ of your position. What occasionally gets … Continued
Correctness – Not The Political One Stating what happened at the loss scene; the related damage; the applicable codes and/or statutes and therefore the imputed negligence of the adverse party is far too often the case presented in intercompany arbitration. Parties are then dismayed at the arbiters findings … how could they not see what … Continued
Arbitration Case Presentation – Visualizing The Argument You’ve reviewed the file; looked over the Recorded Statement, photos and police report and now the Contentions template sits in front of you ready to be written. Your evaluation leads you to believe strongly what happened regarding the loss. But how do you persuade someone who wasn’t there; … Continued
A Year In 300 Words – Pointing Toward Success The last week of the year brings us to issue # 82 of ‘Case Presentation 101’; more than a years worth of writing on being successful in intercompany arbitration. So … based on reader feedback what were the most essential topics and what subjects appeared most … Continued
5 Tips On Teaching Arbitration – Plus The Three E’s As mentioned in last week’s Blog … Arbitration education and specifically subrogation or intercompany Arbitration has come a great distance in the last 20+ years. Here are five practical tips gathered from years of teaching insurance professionals. One) Length of the presentation matters more than … Continued
Skill Development: Pushing The Envelope Of Arbitration Education Adults are not ‘trained’ …. they develop skills! Many years ago I was offered that simple truth by a major institute on the West Coast that teaches conflict resolution around the world. It wasn’t until after years of instructing classes (C.E. and otherwise) I found the absolute accuracy of … Continued
The Final Equation – Recapping Vactur In 5 Steps Occasional unhappiness with an Arbitrator’s Award will forever be an expected by-product of a process designed to resolve disputes economically and efficiently. Discontent stemming in much the same way some might assert ‘the jury got it wrong’ after a trial is particle of the nature of … Continued