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FactLogic
should be used for arbitration because it combines judgments of independent
facts logically to determine the probability an assertion is true. The
accuracy of this result depends only upon the correctness of the
arbitrator's judgments about each fact.
As an
arbitrator, you are responsible to clients to organize and document your
information, make accurate decisions, and justify them. FactLogic
allows you to do this.
You can use
FactLogic for either type of
voluntary arbitration (i.e., conventional or final-offer). Liability is
determined if the probability the assertion is true exceeds preponderance of
evidence. Then if liability is determined, you would reduce actual damages
if there is comparative or contributory negligence by the plaintiff.
A case consists of one or
more independent facts, one or more assertions, and the standard of proof
called preponderance of evidence.
(Two facts are independent if knowing that one fact exists does not change
your judgment of the other fact.) An
assertion is a statement to be proved - such as an allegation, charge, cause
of action, hypothesis, etc. Independent facts are judged to evaluate
assertions.
FactLogic
provides the logical evaluation of an assertion. An assertion is
evaluated as the probability it is true. Compare an assertion to the
preponderance of evidence.
You can easily create your
case and evaluate it.
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Create
Your Case. Enter some case information, one or more
assertions, and the independent facts.
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Evaluate
Your Case. You can immediately evaluate your case and/or you can
randomly assign other arbitrators to independently evaluate it.
Arbitrators can be collocated or dispersed. Factlogic combines
multiple evaluations and provides the statistical conclusions.
1.
Evaluation
1.1 Single
Arbitrator
A single arbitrator can evaluate a case. A single evaluation is always
helpful and expedient, but precision of the evaluation is not available from
a single evaluation.
1.2 Multiple
Arbitrators
Multiple arbitrators
can evaluate facts and reach conclusions that
are especially trustworthy and accurate. Arbitrators can be collocated or
dispersed. FactLogic sends an e-mail message to each invited arbitrator that
contains a link to the evaluation page for your case. Each arbitrator knows
only the probabilities he/she enters (unless you chose to share the results
from all arbitrators).
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Select
Arbitrators. Select arbitrators randomly from a population of
arbitrators that are wise and relatively knowledgeable about the facts
and assertions. The more arbitrators the more precise will be the
evaluation.
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Obtain Independent
Evaluations. Investigators should evaluate the facts independently (i.e., without communication).
2. Analysis
Statistical
analysis is appropriate for arbitration because arbitrators need to know how
accurately they have estimated the probability an assertion is true, and
they need to compare the probability that an assertion is true to
preponderance of evidence. FactLogic computes the
average probability the assertion is true (from the participating
arbitrators), and it computes an interval, that is centered on the average,
that you can be 95% confident contains the average probability the assertion
is true (from the population).
See
Summary Jury Trial.
If the verdict
is for the plaintiff, FactLogic
can be used to determine the effect of aggravating and mitigating
circumstances upon non-economic damages. If you want help with this, please
contact us.
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