DOES IT ACTUALLY PROVE THE FACT ? HOW AM I GOING TO DEFEAT YOUR ARB Thus far in efforts to prevail against your claim in Arbitration I have assessed your Demonstrative proofs; gone through and evaluated your Direct Evidence and now … I move on to your Documentary supports. If I have done my job … Continued
OBJECTIVITY FROM THE SCHOOL ZONE HOW AM I GOING TO DEFEAT YOUR ARB. ‘I know that I failed to mention to the Officer that I wasn’t in the Car and that the person driving my Moms car to pick me up was actually my Uncle but the other cars driver had to be on the … Continued
CONTRADICTING THE CREDIBILITY HOW AM I GOING TO DEFEAT YOUR ARB. Perhaps you’ve decided not to go with your insureds Statement we offered in last weeks issue … did not sound too definitive did it. Also, from last week we know there are five (5) essential Testimonial based qualities to account for with Transcribed Statements. … Continued
TESTING YOUR TESTIMONY HOW AM I GOING TO DEFEAT YOUR ARB. Question …. ‘how many lanes were going in the eastbound direction on Perez Boulevard at the time ? Your insured: ‘Mmm, I think three, I’m not sure but I’m, um, I’m not, uh, at the intersection right now but I believe it’s three’. Q: … Continued
CONTENDING THE AIR OF UNRELIABILITY HOW AM I GOING TO DEFEAT YOUR ARB. Aware that the Arbitrator hearing the case is going to apply (in some manner) a Reliability Quotient to gauge the degree they feel they can trust Statements offered by insureds and witnesses in the case … what can I look for in … Continued
THE RELIABLE CHAIN OF INFERENCE HOW AM I GOING TO DEFEAT YOUR ARB. ‘There is only one reliable guide to Credibility and that is there are no reliable guides to Credibility’ … a characterization offered years ago at an Academy of Arbitrators meeting and one that sets the backdrop in our efforts to explore how … Continued
MAKING A DECLARATION ON YOUR CASE HOW AM I GOING TO DEFEAT YOUR ARB. Arbitrators know that they want to be able to trust and depend on the truthfulness and accuracy of witness and/or insured transcribed Statements presented before them. So, in my efforts to defeat your case (your narrative and your Theory) what items … Continued
THE ONE CAVEAT TO WITNESSES HOW AM I GOING TO DEFEAT YOUR ARB. When last we left our series on ‘How Am I Going To Defeat Your Arb.’ we had already shown our first line of attack as reviewing your list of Declared Evidence tied to your Contentions. We transitioned from that to your Demonstrative … Continued