Thinking The Other Sides Evidence In Arbitration Reviewing the adverse parties list of Evidence even without having actually seen it can provide you a base from which to transition the arbiter from their Theory of the loss to yours if you approach it tactfully. 50/50 and Driver v. Driver cases are especially conducive to this … Continued
More Thoughts On Thinking Evidence Of The Other Side Discussing last week how to transition an arbiter to acceptance of your Theory over the adverse through comparisons of the Evidence; we took a look at things to consider and point out to the arbitrator where appropriate. We broke them down a.) through c.) so let’s … Continued
Transitioning Theory In Intercompany Arbitration Transitioning theory in arbitration essentially speaks to a desire of the advocate that the arbitrator reject the concepts or argument of the adverse and accept that of your side to the dispute in question. Often, a key element of this tied to intercompany arbitration is the intentional strategic decision to … Continued
Saving the Best for LastBy Going Second in Arb – What do College Football and a Parking Lot accident have in common; well other than both can involve tailgating not a lot. But one thing they do share is that when it comes to ‘winning’ the opportunity to prevail may come down to who goes … Continued
Turning 50 Into 75 or More… In Intercompany Arbitration You have identified the claim before you as an incident where a ruling of 50/50 by the arbitrator may be plausible. We often recognize these claims as parking lot incidents or lane change controversies where the basic facts in the loss are not in dispute. So … Continued
The Tellers Tale – An Interest In Arbitration We continue our look at conflicting storylines in arbitration hearings through the view of the arbiter in their efforts to assess those statements that are credible and reliable. While the ability of the panelist to evaluate the demeanor and veracity of the insured or witnesses statement is … Continued
The Tellers Tale – Competing Storylines In Arbitration Issue # 12 of our Arbitration Blog began discussion of credibility when it comes to your insured and/or witnesses present in a case. We looked at the importance of Perception, Recall and Communication when it comes to what they saw and how they relay that to you and subsequently … Continued
Credibility In Arbitration – Building Yours And Your Witnesses One in four Arbitration cases involve issues of Credibility for the parties and their witnesses by the arbitrator. Not one in ten; not one in seven but a full 25% of all cases. Arbitrators then must wade through competing statements or conflicting testimony to arrive at … Continued
The Best Case For Evidence Presentation Compiling Evidence in preparing your case for arbitration is obviously critical toward the opportunity to prevail. But, in looking at all the Evidence you have; what tips from those that actually hear cases would be helpful for you. Consider the following seven (7) practical suggestions toward your most persuasive … Continued
Review 201: Passing The Arb Bar The initial nine issues of the Weekly Arbitration Blog commenced with discussions of Evidence in arbitration. Obviously, if Evidence proves the case you can appreciate why we started there. Lots of topics to cover in future issues but since this is a ‘Holiday’ week; let’s take a step back … Continued