AF recently facilitated its last Arbitrator Workshop for 2023 with over 200 member arbitrators in attendance. The purpose of these 30-minute workshops is to drive decision quality by: 

1. Sharing information with arbitrators on recent decision quality trends and drivers. 
2. Answering questions arbitrators may have on hearing cases. 

The November topics and key takeaways included: 

• Evidence Sharing (Auto Forum)
  • The Recovering and Responding Party’s obligations were discussed (Rule 2-1 and 2-5).
  • Damages are not to be awarded if evidence was not properly attached and the Responding Party raises this argument.
  • When in doubt as to whether evidence was properly attached, contact AF’s Arbitrator Support hotline (866-977-3434).
• Damage Disputes: Invoices
  • Providing invoices is always encouraged, especially for obscure or non-standard repairs. However, invoices are not required to prove damages in arbitration if there is other information in the filing that supports the repair and/or amount.
• MedPay/PIP Decision Quality
  • Avoid pre-written templates, address the arguments the parties made in the case, and discuss specific evidence that was actually produced.
  • Peer reviews and/or IMEs are not required to support a Responding Party’s damage dispute.
  • A Responding Party’s prior payment may need to be “allocated” among multiple features included in the filing if policy limits are asserted.
• Property Decision Quality
  • Breach(es) of Duty clearly explained
  • Address arguments raised by each party
  • Clearly explain rational for decision
    • What evidence was influential?
    • What did the evidence contain that made it influential?

View the schedule for our 2024 Arbitrator Workshop webinars.