Fay's book is good because it is so practical. This is particularly true given the increasing emphasis on alternative dispute resolution methods, which include arbitration. Not only is the book an excellent manual for those handling claimant's personal injury cases in the arbitration setting, it is also applicable to regular trials, summary jury trials, mini trials, and other varieties of dispute resolution in which persuasion of the merits of the case is important.
While the book does focus on arbitration considerations and, in particular, the California arbitration statute, its chapters take you on a step by step process through the procedure. Many of those steps are the same as or similar to those which should be taken in preparing for a regular personal injury trial. Thus, the book has a double benefit. It also dispels the notion that arbitration is something different and that therefore there is less need to carefully prepare and present evidence. Fay takes time to explain carefully each procedural and evidentiary step along the way from skid marks, to hiring of experts, to dealing with light impact collisions, to dealing with biased arbitrators. He provides insights and strategies that can be overlooked even by experienced lawyers. Examples are privacy rights with respect to the client's social security number and significant differences between medical x-rays and chiropractic x-rays. Don't assume that one is better for all cases.
The book concludes with a section on arbitration's failings. Arbitration may not lead to the fairest solution in every case. But because it is a fact of life, even in those cases where it is not the best method of resolution, a claimant's lawyer should be prepared and schooled in presenting his case. Mr. Fay's book is a best buy to help accomplish that.
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This page last updated on 04/28/14