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Use of a Strong Analogy in an Arbitration Proceeding

Thursday, June 26, 2025 8:53 AM | Anonymous

What is Analogy? Types of Analogy and Examples

Have you ever heard a powerful and convincing analogy made by counsel during an arbitration proceeding? If yes, please explain why it was an effective analogy. What are the elements of a strong analogy in such proceedings?

What are your thoughts?

Comments

  • Thursday, June 26, 2025 9:17 AM | Julia Sullivan
    When asked why his mega firm couldn’t complete a task sooner by adding more lawyers to the team, Richard Brusca (retired Skadden partner) answered “Nine women can’t make a baby in a month.” But this was in court, not arbitration.
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  • Thursday, June 26, 2025 9:58 AM | Bob Alston
    *** External E-Mail – Use Caution ***
    I was once trying an IT case involving a computer system’s I/O locus of control problem in an AAA Hearing room where the door was closed. As my expert was covering the very technical issues involved & I was standing questioning him, an AAA staffer outside knocked on the closed door and slipped a sealed note under it. I picked it up and analogized : “So it’d be like if I mistakenly took this note, addressed to Ms. Opposing Counsel, & handed it to our Arbitrator “. Everyone laughed.
    While purely a fortuitous occurrence, this little analogy made the testifying expert’s point much more clearly than his testimony had. I guess the lesson was to listen to everything going on in a hearing & when you catch such a break in a hearing, take advantage of it.
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  • Thursday, June 26, 2025 10:37 AM | David E. Robbins
    From my decades long experiences as a practitioner and arbitrator, it has been my observation that analogies often work when delivered but are inevitably turned against "the analogizer" by experienced opposing counsel. Better to stick with what happened and not shift the focus of the arbitrators from the central issues. That's my two cents.
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    • Thursday, June 26, 2025 2:33 PM | Paul Marrow
      David, you hit the nail on the head! Analogies can be misunderstood and yes, as you point out, they can distract from the issues in the case.
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  • Thursday, June 26, 2025 4:26 PM | Mark Kantor
    You asked "What are the elements of a strong analogy in such proceedings?" Authors regularly seek to use analogies in their writings. Below are the categories of analogy described by an organisation that advises writers (Cascadia Author Services) , followed by the headings of recommendations they offer for persuasive analogies. https://cascadiaauthorservices.com/analogies-examples/#:~:text=Structural%20analogies%20focus%20on%20the,structure%20of%20a%20complex%20system.

    I can't do better than just quote their advice.

    CATEGORIES

    Functional Analogies

    Functional analogies highlight the similarities in how two things work or perform. These types of analogies help to explain the purpose or function of something by comparing it to another object or system with a similar function.

    Conceptual Analogies

    Conceptual analogies explore the similarities in the underlying concepts or ideas of the two things being compared.

    These analogies can be particularly useful for explaining abstract ideas or theories by connecting them to more concrete or familiar concepts.


    PRACTICAL RECOMMENDATIONS

    Here are the headings for their practical advice. They translate easily into the arbitration world.

    Choose relatable and easily understood comparisons

    Ensure the analogy supports your main point

    Be concise and avoid over-complicating the analogy

    Test your analogy for effectiveness

    Don’t overuse analogies
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  • Thursday, June 26, 2025 8:05 PM | Joel Levine
    Counsel in one of my arbitrations said his client was shocked to learn of certain wrongdoings at the company’s subsidiary. Opposing counsel responded: Sure, shocked like Captain Renault in Casablanca –shocked—shocked!—to find that gambling is going on in here!”
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  • Thursday, June 26, 2025 10:36 PM | Julia Sullivan
    When asked why his mega firm couldn’t complete a task sooner by adding more lawyers to the team, Richard Brusca (retired Skadden partner) answered “Nine women can’t make a baby in a month.” But this was in court, not arbitration.
    Link  •  Reply
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