Like many commercial contracts, some reinsurance contracts are filled with archaic terms, industry jargon, and, most unfortunately, legalese. And it doesn't have to be that way. All contracts, including reinsurance contracts, should be written in plain English. It's time to abandon templates that are overly wordy and obtuse. It's time to "say what you mean, and mean what you … [Read more...] about Reinsurance Contract Drafting 101—Plain English
Tool Box
Umpire Checklist: A Practical Guide for Commencing the Arbitration
The following is a “laundry list” that includes as many opening data points as I have gathered through discussion with many arbitrators and in my own arbitrations. Not all of these items will be necessary in every case, and I invite anyone who would like to add something to this list to contact me at connie@cdomaraconsulting.com. I. Kickoff Call with Panel Where is … [Read more...] about Umpire Checklist: A Practical Guide for Commencing the Arbitration
Using the Organizational Meeting to Build a Better Arbitration
Arbitration clauses in most insurance and reinsurance contracts are remarkable for how little they say about the process. The most basic form of arbitration clause states only that, if a dispute arises, the parties will arbitrate rather than litigate. Exactly what “arbitration” means usually remains undefined. A typical clause may add a few barebones terms regarding the … [Read more...] about Using the Organizational Meeting to Build a Better Arbitration
Best Practices for Responding to Umpire Questionnaires
I have been asked to write about responding to umpire questionnaires and tracking cases for conflict review, including issues regarding affiliated companies and transferred books of business. As is common practice, I have always kept an arbitration log, which grew in detail as disclosure requirements also grew. The log listings included the parties as I understood them, the … [Read more...] about Best Practices for Responding to Umpire Questionnaires
Umpires: The Good, the Bad, and the Ugly
"It isn't enough for an umpire merely to know what he's doing. He has to look as though he knows what he's doing too." - National League Umpire Larry Goetz There is no question that the umpire plays a critical role in an arbitration to ensure a fair result for the parties. As the central force in the center chair, s/he basically runs the show and sets the tone for the entire … [Read more...] about Umpires: The Good, the Bad, and the Ugly
Dispute Resolution Tool: Early Case Evaluations with Industry Professionals Turned Arbitrators
In the ever-evolving landscape of dispute resolution, AIRROC continuously seeks innovative methods to address conflicts efficiently and effectively. Among these approaches, early case evaluations conducted by seasoned industry professionals who have transitioned into the role of arbitrators’ may be a particularly promising addition to its member services. This approach not only … [Read more...] about Dispute Resolution Tool: Early Case Evaluations with Industry Professionals Turned Arbitrators
The Role of Apology in Negotiations
Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 8 In negotiations - whether in business deals, labor disputes, or diplomatic talks - language is currency. Words can bridge gaps or widen chasms. Among these words, a few stand out for their emotional weight and strategic complexity: “I’m sorry,” “I apologize.” Despite its simplicity, … [Read more...] about The Role of Apology in Negotiations
Diamond’s Negotiation Tactics Sparkle
Stuart Diamond’s Getting More: How to Negotiate to Achieve Your Goals in the Real World Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 7 Books on negotiation come and go, but occasionally one introduces new, meaningful, and useful recommendations for achieving successful negotiations. Getting More is such a book. In it, Stuart … [Read more...] about Diamond’s Negotiation Tactics Sparkle
