Damage Disputes Made Simple

This 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:
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:
The approach below also follows the
what,
why, and
how much approach, but incorporates headings:
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.
Article published in: December 2018 E-Bulletin