COMEDIC ARBITRATION ADVOCACY: THREE FORGET ME NOTS

posted in: News, Year 2023 | 0

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

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ARBITRATION FOR THE … ‘THREE’: RULE; STRATEGY; CONCEPT

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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

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ARBITRATOR UNDERSTANDING: IT’S ALL IN THE APPROACH

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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

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PROCESS OVER EVIDENCE: ARE THE FEELINGS MUTUAL ?

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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

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FOR ARGUMENT’S SAKE: YOUR BURDEN VS. OUR BURDEN

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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

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