THE ARBITRATION BLOG YEAR IN REVIEW: WE NAME-DROPPED JUST A LITTLE BIT THE ARBITRATION BLOG YEAR IN REVIEW WE NAME-DROPPED JUST A LITTLE BIT 12,000 words on Arbitration made it into the Blog this year. That comprised 40 issues and a variety of topics all toward case advocacy ! We started with Witnesses as … Continued
COMEDIC ARBITRATION ADVOCACY: THREE FORGET ME NOTS COMEDIC ARBITRATION ADVOCACY THREE FORGET ME NOTS Prior to our BIG Year-End edition of the Blog … let’s cover three ‘forget me not’ subjects in contrast to the three important points we offered last week. Take these a bit tongue-in-cheek as (honestly) we really know they are … Continued
ARBITRATION FOR THE … ‘THREE’: RULE; STRATEGY; CONCEPT ARBITRATION FOR THE … ‘THREE’ RULE; STRATEGY; CONCEPT Let’s take the chance and shoot from long distance toward optimal Arbitration performance ! We’ll call it Three Important Points cultivated from years in the business. One) please do not be surprised when the adverse party sends you … Continued
ARBITRATOR UNDERSTANDING: IT’S ALL IN THE APPROACH ARBITRATOR UNDERSTANDING IT’S ALL IN THE APPROACH So how do you say what you want to say without saying it when it comes to the ground rules of Arbitrator decision making. Clearly, there is a certain decorum and tact one can take conveying the message without routing … Continued
PROCESS OVER EVIDENCE: ARE THE FEELINGS MUTUAL ? PROCESS OVER EVIDENCE ARE THE FEELINGS MUTUAL ? Feelings ! Rarely do we talk about that in the Arbitration Blog. Judge Judy is fond of saying ‘how you feel does not matter to me’. Her focus on the Evidence in support of the party’s narratives. At … Continued
FOR ARGUMENT’S SAKE: YOUR BURDEN VS. OUR BURDEN FOR ARGUMENT’S SAKE YOUR BURDEN VS. OUR BURDEN Straightforward Question – the Applicant has the burden of proving negligence in this case. They must show liability resides with ABCD Insurance. This should be done through independent Evidence such as Police Reports; statements of witnesses; etc. Efforts … Continued
ATTENDING TO THE INATTENTION BE SWIFTY ABOUT IT ATTENDING TO THE INATTENTION BE SWIFTY ABOUT IT Could be those Chicken McNuggets … could be the Son that literally tossed a tablet from the back seat to the front or it could be you FINALLY got the bot to accept your efforts to snag those … Continued
APPEALING TO THE LOGIC THE CHALLENGE WITHIN THE CHALLENGE APPEALING TO THE LOGIC THE CHALLENGE WITHIN THE CHALLENGE Interps; PDI’s; Clerical or Jurisdictional Errors; Appeals … all part of a methodology known as contesting an Award. Now, we all know the final and binding nature of Arbitration notwithstanding certain scenarios; forums or claim amounts … Continued
THE WAITING IS THE HARDEST PART CONFRONTING THE DEFERRED CASE THE WAITING IS THE HARDEST PART CONFRONTING THE DEFERRED CASE Tom Petty said it so I guess I will too … having to pause my case for a year before my subrogation claim can be heard in Arbitration; a bit like when your favorite … Continued
RECOVER THE PROOF RECOVER THE MONEY THE VALUE OF STATEMENTS RECOVER THE PROOF RECOVER THE MONEY THE VALUE OF STATEMENTS Joanne … ‘It doesn’t matter what I believe. It only matters what I can prove.’ The straightforward line from Lt. Daniel Kaffee (Tom Cruise) to Demi Moore in the Academy Award nominated A Few … Continued