Year 2012

Evidence In An Arbitration Hearing: Attendant Circumstance 90% … some say that of all Evidence submitted this percentage attests to the amount that is considered Circumstantial.  By definition, Circumstantial Evidence is that which tends to prove a fact by proving other events or circumstances from which the occurrence or truth of the matter can be … Continued

Evidence In An Arbitration Hearing: Hearing The Hearsay (The Sequel) Arbitrators possessing the judgment to evaluate the trustworthiness of Hearsay Evidence is, in part, why this type of support is allowed in an Arbitration Hearing.  As one of the seven types of proofs seen in subrogation arbitration; it is critical to be aware of how … Continued

Evidence In An Arbitration Hearing: Hearing The Hearsay Perhaps the single most misunderstood aspect of Evidence consideration by both advocates and arbitrators alike is that of Hearsay Evidence.  Hearsay is one of the seven most common types of Proofs submitted in a subrogation arbitration.  One definition of Hearsay is that it is a statement (oral … Continued

Evidence In An Arbitration Hearing: Opining On Opinions In my professional opinion … words when spoken or written tell you that some analysis is forthcoming.  But how important is that analysis in an arbitration and what do you need to consider in looking at Opinion Evidence; one of the seven kinds of evidence in a … Continued

Evidence In An Arbitration Hearing: Demonstrative ‘Script’ 87% … the percentage of the time a survey of Arbitrators yielded that the use of Demonstrative Evidence by parties in a case assisted them in arriving at an appropriate Award.   Demonstrative Evidence is one of the seven types of Evidence prevalent in Arbitration.  It is defined as … Continued

Evidence In An Arbitration Hearing: Documentary Is Elementary Document … document … document … how many times have professionals been told this about their  files. It is also true in arbitration that the role of Documentary Evidence is essential toward prevailing at hearing.  As we have looked at Real and Direct Evidence; we move forward … Continued

Evidence In An Arbitration Hearing: Direct Evidence The Direct Route Interesting feedback on last week’s blog regarding Real Evidence.  It was mentioned approximately 16 categories of Evidence exist yet most arbitration cases are presented through a handful of these.  The 7 types seen the most in arbitration hearings are Real, Direct, Opinion, Documentary, Hearsay, Demonstrative … Continued

Evidence In An Arbitration Hearing: The Realities Of Real Evidence A critical element for any arbitrator rendering an Award on a case is the required tenant that decisions are always Evidence based.  While that sounds simple in context and truly ‘makes sense’; many participants or advocates in arbitration may not realize the different types of … Continued

Evidence In An Arbitration Hearing: What You Really Need To Know When preparing a case for Arbitration there are basic fundamentals that the presenter always needs to keep in mind. One is that an arbiter will have the subject matter expertise in the nature of the dispute that allows them to sort and review Evidence … Continued