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…
Hearings are of course traditionally part of the ADR process and can be beneficial where live testimony is needed. However, many cases can be resolved with documentary evidence, such as contracts, police or accident reports, witness statements, photographs, estimates or receipts, and video or audio recordings. One of the disadvantages of traditional brick and mortar…
Many parties choose ADR because of the simplified rules of evidence and discovery. Typically, there are limits on the nature and scope of discovery and time limits on how long the process can take. Issues are handled through phone calls rather than multiple hearings, subpoenas, depositions, interrogatories and the like. And, the strict rules of…
An important benefit of arbitration is being able to select a neutral third-party with the relevant knowledge and experience needed to resolve your dispute. In traditional arbitration, there are several steps involved in picking an arbitrator, resulting in what can be a long process in many cases. However, Complete Online Dispute Resolution (“C-ODR”) can significantly…
If you’ve read this Blog for any time at all…you know we are very pronounced with endorsement of Theory and Theme for every Arbitration case. It’s just fundamental Arbitration advocacy! Trusting that you are, in fact, placing a dynamic Theme to start off every case…where does the aspect of Damages fit in with your Opening….
While all parties can benefit from using ADR, online ADR offers additional advantages to certain types of businesses and individuals. These are the ones who are likely to incur extra time, money and inconvenience when using traditional ADR or litigation. Some common examples of this include the following: Businesses with a dispersed workforce.This includes multi-office…
Viewing Arbitration from the head of the table ‘The Arbitrators Chair’ can often prove beneficial for parties. It is noted by most Arbitration organizations that the more detail parties can give about the nature of the Damages in dispute the increasing likelihood the Award will be fully developed and meet the needs of the parties….
All disputes can benefit from using ADR, however, online ADR offers additional advantages. While it can be used for virtually any type or size of dispute, its affordability and ease of use makes it especially practical for smaller business and consumer claims. Often these disputes are not pursued because the litigation costs outweigh the amount…
While we’ve placed a great deal of focus on a party’s presentation of Documentary Evidence…lest we forget that the Arbitrator’s evaluation of competing Damages argument will also take into account other forms of proof. Think in terms of Opinion Evidence…being certain that you include standards or guidelines on which any opinion is based. We’ve talked about…
One of the benefits of both traditional and online ADR is that the parties can control much of the process, including selecting an arbitrator and shaping the arbitrator’s powers and authority. However, the arbitrators also have a great deal of control thanks to the relative informality of ADR compared to a courtroom setting. Many skilled…