Non-Binding Arbitration in South Florida - AV Technology and Presentation Support - APVisuals

Due to the backlog of trials caused by COVID-19 delays, many South Florida judges have turned to and ordered cases to non-binding arbitration. If ordered by the judge, arbitration is not optional, and all parties must participate. Although it is called "Non-binding," implying that the parties do not have to accept the arbitrator's award, there are consequences similar to that of an "offer of settlement or proposal for settlement" if the award is not accepted. Therefore, it is ideal to be prepared to present your case, evidence, witnesses, etc. at arbitration. Arbitrations are mostly currently being held via zoom. However, as Florida continues to open up, arbitrations, especially those involving multiple parties, are taking place in person. Regardless of whether arbitrations are via zoom or in-person, using technology to present your case is critical.

Multimedia presentations at arbitration can only help you during your arbitration. Similar to juries, arbitrators and opposing counsel are used to the usual dog and pony dance - an arbitrator receives a pre-arbitrator report on the case for each side. Each side does their opening statements or a summary of their client's case. In some instances, the arbitration may be a combined mediation that may move into caucus to try and settle the matter. This happens over and over and over again. Why not give them something different? Something that catches EVERYONE's attention? Something that clearly states that you are ready for trial and your case is solid?

What else do you have up your sleeve? If anything. The reality is that most defendants and most insurance adjusters have seen it all. They are simply going through the motions at arbitration and mediation. More likely than not, the adjuster has read the pre-trial report, the deposition reports, and the interim reports from the attorney, but the adjuster has not:

  1. Read the depositions themselves.

  2. Looked at the medical records himself.

  3. Reviewed the films themselves.

  4. Watched the video depositions of each party.

In most cases, the adjuster is relying on the information provided by the insurance defense counsel. Accordingly, if they have portrayed the case in a light by making it more favorable to the defense, the value that they have given your case is much lower than you have given your case because they do not have the entire picture.

MAKE SURE THE ARBITRATOR GETS THE ENTIRE PICTURE AT ARBITRATION! If the arbitrator can fully evaluate the case and come back with an award closer to your value of the case, it will send a clear message to the insurance adjuster and opposing counsel.

Having a clear and convincing arbitration presentation is key. Showing the adjuster and opposing counsel that you are not only ready to go to trial the next day because all of your ducks are in a row but incorporate key information that the insurance defense attorney has not provided to the adjuster and his client.

APVisuals creates persuasive, clear, and powerful interactive arbitration presentations for opening and closing statements that capture the attention of arbitrators, adjusters, and opposing counsel. We work together with our clients to create multimedia presentations that are custom-tailored for your case. This includes incorporating some of our other services, such as medical illustrations, 3D animations, video depositions, and infographics into our interactive presentations. APVisuals uses state-of-the-art technology to produce clear and compelling multimedia presentations that help attorneys present their cases seamlessly. We also ensure that arbitrations run smoothly by supplying the AV trial and arbitration equipment for in-person arbitrations and sitting side by side with you during zoom arbitrations.

Here are some strategies that we try to incorporate into arbitration presentations for maximum impact:

  • Timelines to explain complex, date/fact intense cases. Also, for medical malpractice cases where the timeline could be crucial for failure to diagnose or treat cases.

  • Medical illustrations to explain complex surgeries, injuries, and permanent damage.

  • Video deposition excerpts or, in the alternative, deposition call-outs.

  • Aerial video/drone video is dealing with a property.

  • Animations

  • Using Trial Director to run exhibits where we can readily call out exhibits, highlights, etc.

By using all these visual tools, you ensure your preparation for arbitration and trial. If arbitration is not a success, then these visuals can also be used for trial. You would have had at least one dry run with the visuals before trial. Accordingly, opposing counsel knows you are ready for trial.

If you are headed to arbitration in the near future, don't hesitate to contact us to discuss. We look forward to working with you on your next case.

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