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. To ease the evaluation of the competing argument…a flowchart can be designed that allows Arbitrators to fully assess both parties position. What would that look like? Let’s take it in eight (8) stages. The importance to the advocate is incorporating components of this into your Contentions highlighting relevant aspects for the Arbitrator to see. As follows from ‘The Arbitrators Chair’:
1.) Have the parties stipulated to any Damages in their Contentions such as with a prior payment?
2.) What are the specific Damages that the Respondent is challenging?
3.) What are the Damages that the Applicant is seeking that the Respondent is not challenging?
4.) Is there any verification requested by the Respondent via Contentions on the Applicants claim?
5.) Has the Applicant rebutted any Damages argument brought forward by the Respondent through ‘amended’ Contentions?
6.) Has the Applicant supported via Evidence amounts that were unchallenged by the Respondent?
7.) Has the Applicant provided Evidence for challenged amounts and particularly proofs beyond Documentary exhibits that speak to the validation of the Damages requested?
8.) Are there any Damages proofs that the Respondent requested be shared with them that were not?
By capturing and encapsulating this Flowchart…Arbitrators and advocates alike can feel comfortable that all angles of the Damages disagreement have been fully assessed and comprehensively evaluated.
Case Presentation 101 is produced by Claims Resource Services; one of the nations top arbitration and subrogation services firms. The writer Kevin Pike can be reached at kpike@claimsresource.com and has daily tips on arbitration via Twitter: @Arb2Win
