TOP 10 WAYS TO LOSE AN ARB REASON # 3 (cont.): THE EYE OF THE BEHOLDER The Evidence was there; it spoke to complete total support of your Theory and even helped with that dynamic Theme. So how is it you got the unfavorable ruling from the Arbitrator when it seemed so clear cut … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 3 (cont.): THE EVIDENCE FACTOR Asking an Arbitrator why they ruled the way they did is almost as challenging as asking Pete Carroll why he threw the ball the last play in the SuperBowl. That said … reviewing why Arbitrators ruled in the manner they did … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 3: THE ELEPHANT IN THE ‘HEARING’ ROOM We all talk about it ? We air concerns over it ? Whether you are on the claims side; heavily involved in day-to- day subrogation at your company or were actually involved in the claim itself; discussion of … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 4: CONNECTIVITY BREAKDOWN Arbitrations done through written brief (Contentions) are certainly unique in that the lack of an inter-personal dynamic between the parties and the arbitrator make for an isolated hearing environment. This leads us to Reason # 4 you may not have prevailed in … Continued
TOP 10 WAYS TO LOSE AN ARB REASON # 5 (cont.): THE FOLLOW-UP The distinction in the arbitration Contention writing setting between recognizing a Statement that need be supported and one that can be considered a given can make the difference in the outcome of your case. This is especially true when it comes … Continued