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
Vacating An Award – Success Before The Court Having reviewed the six (6) primary grounds on which a party may Motion a Court to have an Arbitrator’s Award set aside the effective advocate needs to consider the prospects of being successful. This is achieved primarily by appreciating how Courts view the arbitration process. Traditionally throughout … Continued
Section 23 – Grounds Of The R.U.A.A Parties seeking to vacate an Arbitrator’s Award will find the grounds identified in the Revised Uniform Arbitration Act (R.U.A.A.) and Federal Arbitration Act (F.A.A.) quite similar in context. The best guidance for anyone in subrogation arbitration is to first review the R.U.A.A. as most State statutes mimic those … Continued
Vacatur – An Introduction To Setting The Award Aside To be certain the differences between seeking correction of an Arbitrator’s Award for a Clerical or Jurisdictional Error through the arbitration provider versus Modification and Correction of an Arbiters Decision via the Courts compared to seeking complete Vacatur of the Award by a Judge are comparable … Continued
Motions To Modify And Correct – Tips Toward Success Fortunately in the world of intercompany arbitration; the Awards arbitrators render are almost always straight forward decisions with respect to dollars; the essence of ‘subrogation’. Topics such as ‘specific performance’ or ‘punitive damages’ found in other types of arbitration are not part of the equation when … Continued
Seeking The Courts Intervention – Worth The Time ?? Giving consideration to expend the time and effort toward ‘making right’ what you may believe to be ‘wrong’ with an Arbitrator’s Award entails detailed appreciation for the likelihood of prevailing within the judicial system. In essence, the prospects of ultimately being successful before the Judge probably … Continued