Year 2014

The Facts Are Never Enough – Directing The Arbitrator Through Theory The logic leads to the desired result … clear-cut description of the vital importance of a Theory when presenting your case in intercompany arbitration.  As discussed last week; the role of Theory and Theme are essential trademarks for those effective at writing their Contentions and … Continued

THREE ASPECTS OF THEORY THE FACTS ARE NEVER ENOUGH DIRECTING THE ARBITRATOR THROUGH THEORY The logic leads to the desired result… clear-cut description of the vital importance of a Theory when presenting your case in intercompany arbitration. As discussed last week; the role of Theory and Theme are essential trademarks for those effective at writing … Continued

Breaking It Down; Building It Up – Your Arbitration Case In One Sentence “What is the case about ?” … so often the first words uttered when seeking to assist a claim professional in designing their Contentions for presentation in intercompany arbitration.  Over many years of working with claim representatives in discussing fact patterns and … Continued

ASSEMBLING THEORY BREAKING IT DOWN; BUILDING IT UP  YOUR ARBITRATION CASE IN ONE SENTENCE “What is the case about ?” … so often the first words uttered when seeking to assist a claim professional in designing their Contentions for presentation in intercompany arbitration. Over many years of working with claim representatives in discussing fact patterns … Continued

Openings In Arbitration Avoiding The Typecast It was baseball manager Yogi Berra who offered … ‘if you don’t know where you’re going; when you get there, you’ll be lost.”  Such is often the case dynamic for those beginning to write their Arbitration contentions.  The very essence of your case should focus on the end result … Continued

THE BUILDING BLOCKS OF CASE ARGUMENT OPENINGS IN ARBITRATION  AVOIDING THE TYPECAST It was baseball manager Yogi Berra who offered … ‘if you don’t know where you’re going; when you get there, you’ll be lost.” Such is often the case dynamic for those beginning to write their Arbitration contentions. The very essence of your case … Continued

On A Need To Know Basis – Are You Helping Or Hurting Historically, the vast majority of cases filed and heard in subrogation arbitration have involved two-parties.  The reasons are many perhaps most obvious being the bulk of cases are Auto physical damage.  Subsequent to our last edition on ‘impleading’  … what obligation is there … Continued

Impleading In Arbitration – Your Choice … Your Strategy Recognizing that arbitrators lack the jurisdiction to make an Award against a party not signatory to arbitration; how do advocates incorporate a seemingly innocuous component into their case argument (a party tied to the accident or loss but not bound to arbitration).  The fact is having … Continued

Accountability As Applicant – Maintaining Credibility One of the considerations an advocate must make in beginning to formulate what they will present (or write) in their Contentions for their arbitration case is whether or not they will concede some degree of fault for their party regarding the loss.  While we know ‘Admissions and Offers’ in … Continued

DOES THE ARBITER NEED TO KNOW IMPLEADING IN ARBITRATION YOUR CHOICE… YOUR STRATEGY Recognizing that arbitrators lack the jurisdiction to make an Award against a party not signatory to arbitration; how do advocates incorporate a seemingly innocuous component into their case argument (a party tied to the accident or loss but not bound to arbitration). … Continued