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.