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’. For certain, both terms are in the eye of the beholder and something most advocates (Applicant or Respondent) would agree they want with their Award anyway.
Asking for a ‘Favorable’ ruling from an Arbitrator is a little like asking the Umpire to call a strike on a pitch over the heart of the plate with the batter swinging. If the Evidence is there and you’ve done your job in its delivery before the Arbitrator you should actually be asking for more than a ‘Favorable’ ruling. What do I mean? You should ask for the actual amount of the Damages you seek. Citing or factoring reductions and placing in play percentages can only lead to confusion for the Panelist. Indicate the actual Dollar amount you want the Award to read when it shows up in your in-box. State that the Evidence presented has clearly demonstrated an appropriate Award in the amount of ‘x’. Use words like ‘supports’; ‘validates’; ‘‘confirms’ and ‘establishes’. Urge the Arbitrator to your view by presenting a closing that is dynamic and harnesses all that the Evidence has shown so that the only conclusion to be reached is the one you are requesting. To point…‘our Evidence has shown that the request for Damages is appropriate and reasonable. The proofs demonstrate that the Damages incurred were the complete and proximate cause of the Respondent. We request an Award of $4,435.’ It is said parties need to Demand what they seek and that is ‘favorable’.
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
