Read a party’s presentation on Damages in a case submitted for subrogation arbitration and you will almost surely see the term ‘reasonable’ affixed to their narrative. When a party talks about the steps they took as ‘reasonable’ toward the Damages they eventually had to pay or when they offer the stance the adverse chose was…
Alternative Dispute Resolution (ADR), including arbitration and mediation is not new. It has been used successfully for hundreds, if not thousands, of years. However, in recent years, it has been growing in use with more companies choosing to use arbitration in commercial and consumer disputes. With this increased usage, the methods for conducting ADR have…
If you’ve ever sat on an oversold flight…you know the bartering that can commence as the airline entices passengers to vacate their seat in favor of a later flight to the same destination. Certainly, it can be offered that the air carrier invokes Company Guidelines for how to deal with those situations and there are…
Last edition we talked about ‘Company Guidelines’… a term advocates will often invoke in their Contentions tied to Material Damage presentation. Another often seen phrase in these type of disputes is ‘Industry Standard’ (i.e. – the repairs we performed were in accordance with ‘industry standards’). But what does that mention mean to an Arbitrator? By…
Review any subrogation arbitration case where Damages are contested and as surely as you’ll see ‘in good faith’…you’re going to see the terms ‘Company Guidelines’ and ‘Industry Standards’. So…let’s take a look at what these mean in the context of an Arbitration and the eyes of an Arbitrator. We start with ‘Company Guidelines’. We know…