Year 2019

THE ABC’s OF EFFECTIVE PRESENTATION: THE POWER OF PERSUASION IN ARBITRATION THE ABC’s OF EFFECTIVE PRESENTATION THE POWER OF PERSUASION IN ARBITRATION   Affective, Behavioral and Cognitive expressions are the next stages an advocate in Arbitration needs to take into account in presenting their case persuasively.  While these subject matters did deep into aspects of … Continued

MOTIVATING YOUR ARBITRATOR: THE POWER OF PERSUASION IN ARBITRATION MOTIVATING YOUR ARBITRATOR THE POWER OF PERSUASION IN ARBITRATION   Moving someone to act on your behalf underscores the last component of persuasive messaging.  For the Arbitration setting and our series on the importance of you, as the advocate, being persuasive in presenting your case this … Continued

APPEAL SO AS NOT TO APPEAL: THE POWER OF PERSUASION IN ARBITRATION APPEAL SO AS NOT TO APPEAL THE POWER OF PERSUASION IN ARBITRATION   The fourth component of persuasiveness in presenting your case in the Arbitration setting whether via written Contentions or at an in-person hearing has to do with moral appeal.  If you’ve … Continued

THE AIM FOR TRUST AND ACCURACY: THE POWER OF PERSUASION IN ARBITRATION THE AIM FOR TRUST AND ACCURACY THE POWER OF PERSUASION IN ARBITRATION   Since you’ve secured the attention of the Arbitrator with your opening … verified their understanding on what the case they are hearing is about … what is your next step … Continued

THE PRECISION OF PRESENTATION: THE POWER OF PERSUASION IN ARBITRATION THE PRECISION OF PRESENTATION THE POWER OF PERSUASION IN ARBITRATION   The clarity of your message through your presentation to the Arbitrator is perhaps your first significant opportunity to point the decision maker to the Evidence. The narrative (or Contentions) you offer need garner their interest … Continued

TAKING CHARGE FROM THE ONSET: THE POWER OF PERSUASION IN ARBITRATION TAKING CHARGE FROM THE ONSET THE POWER OF PERSUASION IN ARBITRATION   The words, the structure, the tone … what leads an advocate to present (or write) persuasively in Arbitration ?  All of the above are essential ingredients but in staging the atmosphere for … Continued

THE MESSAGE YOU ARE SENDING: THE POWER OF PERSUASION IN ARBITRATION THE MESSAGE YOU ARE SENDING THE POWER OF PERSUASION IN ARBITRATION   Stating the Facts of the Loss  … citing the Evidence in support of your Theory … addressing the adverse parties position … all  essential components of an effective arbitration case presentation.  But … Continued

RECITATION DECLARATION: MARRYING THEIR WORDS WITH YOURS RECITATION DECLARATION MARRYING THEIR WORDS WITH YOURS   Recently reviewing cases and the Contentions parties presented it quickly reminded me of ESPN and their segment One Big Thing !  I actually saw in the narrative the presenter wrote that they quoted what the insured truly said about the … Continued

THE DEPTH OF YOUR DAMAGES ARGUMENT: DON’T LEAVE THE ARBITRATOR HEDGING THE DEPTH OF YOUR DAMAGES ARGUMENT DON’T LEAVE THE ARBITRATOR HEDGING   Since subrogation arbitration revolves around the concept of the recovery of Damages it is not always intuitive to the Arbitrator exactly what it is the Demanding party (the Applicant) is seeking.  Since … Continued

IS YOUR CASE FIRST CLASS OR COACH ? WORK PRODUCT THAT MATTERS TO ARBITRATORS IS YOUR CASE FIRST CLASS OR COACH ? WORK PRODUCT THAT MATTERS TO ARBITRATORS    Fundamental Arbitration advocacy teaches us that parties presenting cases need keep it brief, cogent and consistent.  The clarity of what you present not at all lost … Continued