Year 2018

GOING BEYOND THE DOCS: THOSE OTHER PROOFS THAT SUPPORT THE DAMAGES GOING BEYOND THE DOCS THOSE OTHER PROOFS THAT SUPPORT THE DAMAGES    Since we pick-up new Readers throughout the year … here’s a quick reminder for Advocates of those seven core kinds of Evidence inherent in subrogation Arbitration cases. We have Direct, Documentary, Real, Opinion, … Continued

DOCUMENTARY EVIDENCE OF DAMAGES: THE PROOF IS IN WHAT IT SAYS DOCUMENTARY EVIDENCE OF DAMAGES THE PROOF IS IN WHAT IT SAYS   Damages presentation in Arbitration relies heavily on Documentary Evidence.  Most advocates preparing cases recognize this and   are cognizant that any Documentary proof they submit before an Arbitrator  is placed there simply for … ‘what it says’. Advocates … Continued

PROTOCOLS TO FLOWCHARTS: CATCHING YOU UP ON DAMAGES IN A 28:1 RATIOPROTOCOLS TO FLOWCHARTS CATCHING YOU UP ON DAMAGES IN A 28:1 RATIO   So who knew ? Who knew it would take almost half-a-years worth of Blogs to breakdown the issue of Damages in an Arbitration hearing ! And yet; we still have more … Continued

THE METHODICAL EVOLUTION: WORKING THE ARBITRATOR THROUGH THE DAMAGES THE METHODICAL EVOLUTION WORKING THE ARBITRATOR THROUGH THE DAMAGES When Damages are at issue in a subrogation arbitration docket … the Structure of your case plays a significant role. It is understood that Arbitration companies will create areas within their filing templates for parties to indicate … Continued

CREATING THE OPENING FOR DAMAGES: SHAPING THE PRESENTATION TO PREVAIL CREATING THE OPENING FOR DAMAGES SHAPING THE PRESENTATION TO PREVAIL If you’ve read this Blog for any time at all … you know we are very pronounced with endorsement of Theory and Theme for every Arbitration case. It’s just fundamental Arbitration advocacy ! Trusting that … Continued

HELPING THE ARBITER GO WITH THE FLOW: CHAIRING YOUR DAMAGES ARGUMENT HELPING THE ARBITER GO WITH THE FLOW   CHAIRING YOUR DAMAGES ARGUMENT   Viewing Arbitration from the head of the table ‘The Arbitrators Chair’ can often prove beneficial for parties. It is noted by most Arbitration organizations that the more detail parties can give about the … Continued

MORE THAN ONE PROOF TO PROVE: INFLUENCING THE DECISION MAKER ON DAMAGES MORE THAN ONE PROOF TO PROVE INFLUENCING THE DECISION MAKER ON DAMAGES While we’ve placed a great deal of focus on a party’s presentation of Documentary Evidence … lest we forget that the Arbitrator’s evaluation of competing Damages argument will also take into … Continued

DOCUMENTARY EVIDENCE WITH EMPHASIS: UNDERSCORING YOUR DAMAGES DOCUMENTARY EVIDENCE WITH EMPHASIS UNDERSCORING YOUR DAMAGES   ‘The Officer found that the Respondent’s insured was responsible for the accident’ … how many times have you seen this narrative presented in a party’s Contentions regarding their case ?  ‘We direct the Arbitrator to page 3 of the Police Report … Continued

MAKING YOUR MARK WITH THE ARBITRATOR: EXHIBIT ONE CAN ONLY MEAN ONE THING MAKING YOUR MARK WITH THE ARBITRATOR EXHIBIT ONE CAN ONLY MEAN ONE THING   Damages cases and particularly Material Damages cases rely heavily on Documentary proofs. This is not to say that other forms of Evidence are not pertinent to the overall Prima … Continued