December 2018 E-Bulletin

This month's E-Bulletin topics include:

  1. Introducing Total Recovery Solution® (TRS®)
  2. Damage Disputes Made Simple
  3. Submitting Statutes as Evidence

Introducing Total Recovery Solution® (TRS®)

Image of an arrow with the word introducing in itAs a member-driven organization, Arbitration Forums, Inc. (AF) puts your needs at the heart of our business strategies. Therefore, we are pleased to announce that AF’s online filing (OLF) technology for all arbitration programs is currently being upgraded to the Total Recovery Solution® (TRS®) technology platform. TRS is designed to reduce cycle time, improve decision quality, and reduce filing and decision errors.

By October 1, 2019, all automobile subrogation arbitration program cases will be filed in TRS. The automobile subrogation arbitration program is the first (current) phase of upgrading the OLF platform to the TRS technology. All other programs will continue to be filed in OLF during this first phase.

For more details about the benefits of TRS and to see the list of member companies already using the upgraded technology, please visit the Total Recovery Solution page on AF’s website.

We are, and will continue, working with all member companies to ensure a simple transition to the upgraded technology. To begin the process, please contact us at Trsrollout@arbfile.org.
 
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Damage Disputes Made Simple

Image of a ball crashing through a mazeThis article is a second follow-up to our Damage Disputes from Both Perspectives webinar, which covered Rule 2-5 and how to present a damage dispute in a clear and concise manner.

During the webinar, we recommended a straightforward approach to entering the damage dispute to ensure the essential information is included: what is in dispute, why it is in dispute, and how much is in dispute, or more simply:
what? + why? + how much?

This approach also makes it much easier for the arbitrator to identify the information needed to make a decision. During the webinar, the illustration below was shared. Notice how easy it is to find the what, why, and how much:
Damage dispute information illustration

The approach below also follows the what, why, and how much approach, but incorporates headings:
Example    
As you enter a damage dispute, it is a great idea to put yourself in the arbitrator’s shoes by considering what you would appreciate if you were deciding the case. When your arguments are clearly stated and organized, it is easier for the arbitrator to understand your position, which can increase your potential to persuade the arbitrator.
 
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Submitting Statutes as Evidence

Image of blocks spelling out FACTSubmitting evidence is vital to supporting arguments raised in arbitration. Supporting evidence elevates arguments from a place of opinion to where the arbitrator will now consider the argument as fact.

When submitting statutes into evidence, consider the following:
  • Submit the statute into evidence. The arbitrator needs to verify what is argued in the contentions and that it is accurate. Do not simply copy and paste the statute text into the contentions alone.
  • Link the evidence to the specific argument it supports.
    Example:
    Respondent made a left turn without yielding to oncoming traffic in violation of New York State VTL 1141 - “Vehicle turning left: The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.” Refer to complete statute submitted as evidence.
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