The Officer found that the Respondent’s insured was responsible for the accident’…how many times have you seen this narrative presented in a party’s Contentions regarding their case ? ‘We direct the Arbitrator to page 3 of the Police Report and the highlighted portion for Charges assessed Unit # 1’. How many times have you NOT…
Online ADR for attorneys is a unique opportunity to handle cases that otherwise would not be practical or cost-effective to take on in a traditional, “brick and mortar” way. Litigation and traditional ADR can be time-consuming and expensive. This in turn limits an attorney’s ability to accept new cases. This is particularly true when the…
Damages cases and particularly Material Damages cases rely heavily on Documentary proofs. This is not to say that other forms of Evidence are not pertinent to the overall Prima Facie Burden, but it is just that competing Damages assessments will most often be evaluated from competing Damages documents. It is true that line items seen…
While ADR has many advantages over litigation, traditional ADR can still be a relatively expensive and inefficient option. Rising costs related to party, counsel, witness and arbitrator travel fees, can limit the benefits of ADR, particularly in small cases. As a result, many claims are not pursued because of the time and money involved. Fortunately,…
Often times as parties prepare their cases for Arbitration they have reached a core focus on the primary element in dispute. In this series we’ve come to know that as…Damages! But here’s the thing…do not dismiss Liability. Time and again over many years an Applicant was surprised at their Award to find that the Arbiter had…
Among the many reasons arbitration is used by parties is the ability to eliminate some of the formalities of litigation, while maintaining certain rights for the parties to state their case. However, a recent New Jersey appellate court decision addressed how far the law allows parties to go regarding how arbitration hearings are conducted. State…
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…