Year 2015

PROCESS WITHIN THE PROCESS THE PRACTICE OF ARBITRATION PROCESS WITHIN THE PROCESS THE PRACTICE OF ARBITRATION   One of the very first processes I came to know in working with insurance companies in their use of intercompany arbitration had to do with how cases filed against them (being named Respondent) would be handled when the … Continued

PROCESS, WORKFLOWS AND TEMPLATES ARBITRARILY SPEAKING So what is the difference; isn’t the fact that Arbitration is a “process” really all we need to know and then we make it work for successful Recoveries and reduced Payouts in the intercompany arbitration world ? Well actually; you can break it down a bit further from that. … Continued

WORKFLOWS AND TEMPLATES THE PROCESS OF ARBITRATION   The Arbitration process … how many times has that been discussed in every segment of business that touches this Dispute Resolution mechanism. I admit to it myself even as someone that does not file cases. Why ? Regularly, the FIRST thing I do when reviewing cases is … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 1 (cont.): THE THEORY TO PREVAIL   What happened ? Why did it happen ? Why does it mean we should prevail ? These are the three (3) most straightforward questions in creation of aTheory for the advocate in presentation of an intercompany arbitration docket. Following … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 1: OCCAM’S RAZOR – RULE OF SIMPLICITY   Uploaded Evidence … complete Contentions … comprehensive argument … all of the essential ingredients for a well presented subrogation arbitration case but you receive the Arbitrators Award and somehow it’s not in your favor. What went wrong ? … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2 (cont.): MESSAGING THE ARBITRATOR Command … Understood … Affirm … Conform … Motivate ! The ‘Fab Five’ of persuasive Contentions writing. These are the five objectives to consider toward influencing the arbitrator to rule in your favor. Let’s look real world: Command – securing the … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2 (cont.): FIVE STEPS TO PERSUASIVENESS Those who look at the study of Argumentation present that there are actually twenty-eight (28) strategies of arguing ones position. Conversely, there are also nine (9) fallacious arguments which are approaches you want to avoid. Fortunately, for our Blog in … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2 (cont.): THAT IS QUITE A STORY   Storytelling is the little used commodity that can generate success when it comes to Arbitration. At first blush; that statement sounds a bit off base as we all know cases are decided on the Evidence. But the ability … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 2: IS THE ARBITRATOR BUYING IT ? TOP 10 WAYS TO LOSE AN ARB REASON # 2: IS THE ARBITRATOR BUYING IT ? One of the reasons we talk about Theory & Theme so much in this Blog is that besides it being a cornerstone of … Continued

TOP 10 WAYS TO LOSE AN ARB REASON # 3 (cont.): YOU GET OUT WHAT YOU PUT IN   If you’ve read these Blogs for any time you know that I am a big believer that when it comes to writing your final paragraph in your Contentions that you should so often start off with … Continued