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Celebrating 300 issues of the Arbitration Blog with the most essential tips for advocates: Evidence Proves The Case…an advocate strives to show the ‘Correctness’ of their position before the Arbitrator … There are seven (7) kinds of Evidence in subrogation arbitration… Refute, Transition and Support is the mantra for every Counterclaim… It is always what…

I should Win every case I present because the narrative offered and the Evidence submitted will  prove the ‘correctness’ of my position! Every Writer of Contentions for Arbitration cases no doubt has that belief. At the same time…if you’ve spent any time as an actual Arbitrator or case presenter you know some cases are simply…

We know that Arbitrators truly endorse Demonstrative Proofs; some surveys say 87% of them believe it aids them in arriving at the appropriate Award. So when it comes to  Scene Diagrams; theory tells us absolutely an advocate should include them if they fit the fact pattern of the loss. Practice tells us that’s fine, but…

Material Damage disputes in subrogation arbitration…a topic we kind of knew might take up the bulk of a year. When we first started writing about it with our January 1, 2018 edition the thought was let’s research as much as we can about how advocates and Arbitrators alike view effective Damages cases in arbitration and then…

The Applicant looks to the Panelist for a Favorable Decision.’  How many times do you see that verbiage at the end of Contentions in Arbitration. Closing out your Contentions and the ‘Damages’ portion is not that dissimilar than the conclusion you would place for a ‘Liability’ ruling. First and foremost ‘Favorable’ is not much different than ‘Fair’….

Most Arbitration advocates will ascribe to the fact that Topical Organization is the cornerstone by which parties draft their Contentions and present their case. We’ve discussed the primary importance of Issues, Elements and Turning Points many times before. You will also see parties go with Chronological structure in their narrative. How often have you seen a…

Since we pick-up new Readers throughout the year…here’s a quick reminder for Advocates of those seven core kinds of Evidence inherent in subrogation Arbitration cases. We have Direct, Documentary, Real, Opinion, Demonstrative, Hearsay and Circumstantial. So how can a presenter leverage other proofs (beyond Documentary) to help support the Damages argument? Since Credibility and Reliability…

Damages presentation in Arbitration relies heavily on Documentary Evidence. Most advocates preparing cases recognize this and   are cognizant that any Documentary proof they submit before an Arbitrator is placed there simply for…‘what it says’. Advocates need to be thoughtful with their Documentary evidence while underscoring heavily that ‘what is says’ perspective. In other words; the volume of…

So who knew? Who knew it would take almost half-a-years worth of Blogs to breakdown the issue of Damages in an Arbitration hearing ! And yet; we still have more to cover. When we started the series we knew it would go into greater detail than most would ever cover. We also knew that the…

When Damages are at issue in a subrogation arbitration docket…the Structure of your case plays a significant role. It is understood that Arbitration companies will create areas within their filing templates for parties to indicate ‘Damages Disputed’ or ‘Itemization’ but beyond that what can you do to foster your most productive narrative. We know about…