Save Time: Remember to Don Your Arbitrator Cap

Arbitration decisions that require follow-up often reveal a similar performance gap—the new arbitrator has let their primary job role of adjusting claims trickle into their secondary role of resolving disputes as an arbitrator.  
Before hearing cases, please pause to remember that the roles of adjuster and arbitrator are fundamentally different: an adjuster’s role involves advocacy for the insured party, while the arbitrator’s role is to be a neutral evaluator of arguments and evidence presented in the case.
As an arbitrator, switch your adjuster hat for your arbitrator hat when hearing every case. Weigh and examine all evidence based on the arguments presented, and do not speculate or infer facts. Do not decide based on how you would have investigated, adjusted, or argued the case, nor should you judge how good or bad a party’s case presentation is. Through careful review and consideration, determine which of the arguments, based on submitted evidence, carries more weight, keeping in mind the standard of proof is a preponderance or greater weight of evidence. In other words, ask yourself, “What is more credible and convincing?” or “What tips the scales?”
  • Arguments must be supported by evidence. 
  • Do not be swayed by arguments that are not supported with evidence.  
  • Argument + Evidence = Fact!
For a comprehensive guide to hearing cases, view the Guide for Arbitrators available on our website.