Celebrating 300 issues of the Arbitration Blog with the most essential tips for advocates:
Evidence Proves The Case…an advocate strives to show the ‘Correctness’ of their position before the Arbitrator …
There are seven (7) kinds of Evidence in subrogation arbitration…
Refute, Transition and Support is the mantra for every Counterclaim…
It is always what Witnesses ‘saw, felt or heard’…
Advocates do not ‘pray’ for Recovery; they state ‘the Evidence has shown’…
When using Demonstrative evidence; advocates always tell the Arbiter what it is intended to show…
It is the Credibility of the Declarant that matters most with Hearsay Evidence…
Persuasive messaging in Contentions is a skill set for every advocate…
Theory and Theme is the staple of skillful arbitration argument…
The ‘Failure of Documentary Evidence’ concept is one every advocate should apply…
Justification; Transparency and Intelligibility all help speak to Reasonableness of Damages…
The Rolling Hypothesis notion that every Arbitrator retains is one that advocates need nurture…
Parties should showcase the consistency of their Evidence across the entire storyline…
Motivations to Exaggerate, Misrepresent and Omit are taken into account with Witness/Insured statements…
Arbitrators are to be told what they are expected to understand…
It is your Credibility that the Arbitrator evaluates in addition to your Evidence Arbitrators draw Inferences and Conclusions; harness that to your benefit…be Constructive not Confrontational with your case presentation…
Sensibly Demand what you seek; this is Arbitration not Mediation…
Develop moral appeal, trust and use logical reasoning with the Arbitrator to optimize the opportunity to prevail…
And the Arbitration process belongs to the parties.
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.
