Year 2019

SCRIPT, INFERENCES AND WORDING THE POWER OF PERSUASION IN ARBITRATION SCRIPT, INFERENCES AND WORDING THE POWER OF PERSUASION IN ARBITRATION   Having gratefully persuaded you to read along each week in our series on ‘The Power Of Persuasion In Arbitration’ we draw to a close with our 37thissue on the topic.  It’s a nice segue … Continued

CLOSING OUT WITH A RATIO OF 35:2 THE POWER OF PERSUASION IN ARBITRATION CLOSING OUT WITH A RATIO OF 35:2 THE POWER OF PERSUASION IN ARBITRATION   The five (5) objectives of Persuasive Messaging … that’s where we started back in February; 35 issues of the Blog ago with our series on The Power Of … Continued

A LOOK AT WORDS TO RECONSIDER: THE POWER OF PERSUASION IN ARBITRATION A LOOK AT WORDS TO RECONSIDER THE POWER OF PERSUASION IN ARBITRATION   If you’ve ever watched Judge Judy you will no doubt have heard her tell either a plaintiff or a defendant … ‘how you feel doesn’t matter to me ?’  Truth … Continued

COMMANDING THE NARRATIVE: THE POWER OF PERSUASION IN ARBITRATION COMMANDING THE NARRATIVE THE POWER OF PERSUASION IN ARBITRATION   The very language you place in your Contentions has the power to aid in directing the Arbitrator to accept your Theory and the Award you seek.  Here’s the question though … how truly persuasive are you … Continued

INFLUENCE THE RESULT WITH LANGUAGE: THE POWER OF PERSUASION IN ARBITRATION INFLUENCE THE RESULT WITH LANGUAGE THE POWER OF PERSUASION IN ARBITRATION   Contentions Writing … the long storied tradition for how cases are presented in subrogation (intercompany) arbitration.  Not that other forms of Arbitration don’t have pre- and post-hearing briefs or position statements but … Continued

IS THE INFERENCE APPROPRIATE ? THE POWER OF PERSUASION IN ARBITRATION IS THE INFERENCE APPROPRIATE ? THE POWER OF PERSUASION IN ARBITRATION   Last issue we took a look at two of the four Inferences germane to Subrogation Arbitration and decision-making by Arbitrators.  Those were Soundness and Interconnection inferences.  The other two types of inferences … Continued

PROMOTE THE INFERENCE: THE POWER OF PERSUASION IN ARBITRATION PROMOTE THE INFERENCE THE POWER OF PERSUASION IN ARBITRATION   If you’ve read our Blog for any length of time you know there are two (2) things that Arbitrators do on every case.  And we are not talking about reviewing your Evidence and Contentions (though those … Continued

HARMONY, GAPS AND IMAGINATION: THE POWER OF PERSUASION IN ARBITRATION HARMONY, GAPS AND IMAGINATION THE POWER OF PERSUASION IN ARBITRATION   As you create your ‘Script’ for the Arbitrator to follow in drafting your Contentions … there are two considerations advocates need to also account for in almost every case.  New information you present as … Continued

THE 350th EDITION: THREE HUNDRED FIFTY ISSUES OF THE ARBITRATION BLOG THE 350th EDITION THREE HUNDRED FIFTY ISSUES OF THE ARBITRATION BLOG   We proudly present the 350th issue of ‘Case Presentation 101’ … 7 years of writing on intercompany arbitration promoting success to all advocates.  Why ?  Let’s go with 350 issues because … the process … Continued

ROLLING SUPPORT FOR YOUR SUPPOSITION: THE POWER OF PERSUASION IN ARBITRATION ROLLING SUPPORT FOR YOUR SUPPOSITION THE POWER OF PERSUASION IN ARBITRATION   Persuasive storytelling matters in Arbitration if only from the understanding that Script Theory is essential for Arbitrators as they fit each piece of ‘new information’ you offer into their mental image of … Continued