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"High / Low" arbitrations are generally utilized to resolve claims where numerous issues are being contested or where absolute closure is the desire of the disputants. The parameters are discussed, agreed upon and stipulated to by the parties, prior to the actual arbitration being held. Plaintiff's counsel can at times, negotiate (alone or with SSI's assistance) a dollar value as the low parameter. By doing so he is assured a pre-determined amount should there be a defense verdict; conversely on the defense side, a negotiation of a high parameter below policy limits, can be used to restrict exposure to that pre-determined amount. The parameters are never disclosed to the neutral. The neutral who presides at each hearing is, in most instances, chosen by mutual consent of the disputants. SSI has provisions in our "Rules" in the rare times that a neutral cannot be agreed upon. SSI arbitrations are considered binding and nonappealable, with no de novo provision. Parties can agree prior to the hearing, on what they wish to have decided. Normally both liability and damages are argued, but cases can be heard for damages only, liability only, apportionment, or any other issues needing to be resolved. The flexibility of the process is limited only by the imagination and consent of the disputants. Procedurally, the hearing can be conducted in any manner which the neutral feels will permit a fair presentation of the case by the parties, with the majority of hearings reaching completion in one hour. The neutral (who is unaware of any pre-determined parameters), will make a determination regarding both liability and damages, unless otherwise stipulated. He will reserve decision, with a written award forwarded to the parties generally within two or three weeks. The entire procedure is private with no stenographic record, further ensuring the privacy of both the procedure and the outcome. Cases can be scheduled for a hearing in as little as two to six weeks and our signed stipulations can be used to remove a case from the trial calendar or allow parties to forego unnecessary court-ordered depositions, etc. |
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The arbitration process, while not as formal as a court of
law, is more formal than a conference held as a mediation. Using relaxed rules
of evidence, there can be testimony and cross-examination with testimony usually
limited to party witnesses only. Expert testimony is not required and therefore
seldom employed, thus affording sizable savings to all parties.