While Recovering parties often seek 100% recovery in arbitration, Adverse parties often reply with a 0% liability admission. These declared liability positions should not influence you to limit your options to award all or nothing.
Please consider the following when making a liability decision:
- Did the Adverse party argue the Recovering party breached a duty or duties owed?
- If yes, did the evidence support the alleged breach or breaches of duty?
- If yes, the decision should include a commensurate percentage of negligence versus the Recovering party.