Arbitrator QwikShare Recap: Top-3 Mistakes to Avoid
“A smart man makes a mistake, learns from it, and never makes that mistake again, but a wise man finds a smart man and learns from him how to avoid the mistake altogether.”– Roy H. Williams
It is easy to make a mistake, especially if you are relatively new to the role of arbitrator. We recently offered a QwikShare webinar to raise awareness of potential pitfalls and help you avoid them. The pitfalls that landed in the Top-3 category — meaning they would require the decision to be returned for additional work — are:
- Failing to credit the Respondent for a prior payment when the Applicant has not acknowledged it, but the Respondent has proven the payment cleared or was cashed (or for EFTs, was “sent”). For more detail: Arbitrator Resources – Credit for Prior Cleared Payments
- Arriving at an inaccurate “Damages Proven” amount on a reduced damage decision, resulting in an inaccurate award amount. The key is to start with the Applicant’s Company Claim Amount, which does not include the deductible, and subtract amounts the Respondent proved it does not owe, to arrive at the accurate Damages Proven. After entering liability and damages, the system automatically populates the award accordingly, including any deductible that was entered by the Applicant.
- Delivering an explanation that does not provide specifics about the influential evidence item(s), leaving the reader uncertain about your rationale for the decision. What was it about a particular piece of evidence that made it influential? For example, if you found a witness to be particularly influential, explain why. For example, “The independent witness was traveling directly behind Beta Carrier and said Beta’s light changed to red before she entered the intersection.”
Thank you to all who attended the webinar!
Missed the QwikShare? No worries! You are welcome to view a recording (29 minutes):
Article published in: February 2019 E-Bulletin for Arbitrators