The concepts of theory and theme are as much a part of the subrogation arbitration professional's toolbox as any trial lawyer in front of a jury. (Photo: Sergey Nivens/Adobe Stock)
Who knew right? You mean you are actually suggesting that the arbitrator hearing my subrogation (intercompany) arbitration case wants me to regale and fascinate them with the story of how my insured was broadsided in their car early in the morning going to Costco. Empirically and anecdotally we say … "yes."
We know that intercompany arbitration cases for subrogation disputes differ when one thinks about traditional arbitration and how parties customarily present their case before an arbitrator. The vast majority of intercompany arbitration hearings provide no "live" hearing for the parties' argument. Rather, written contentions are offered to the arbitrator accompanied by supporting evidence attached electronically. For you as the subrogation advocate (and to think about it), lacking the opportunity to even meet the arbitrator hearing your case places a premium on your ability to engage and immerse them through "the written word."
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