A federal judge recently made parties select one umpire nominee from the other party’s list. 1 The federal judge then decided between the two. I have not seen this method by a judge. It seems to have pros and cons, although I am intrigued by the concept.
One advantage is that by withholding the selection method until after nominations were made, the process discouraged strategic manipulation. Parties were likely to nominate umpires in good faith rather than attempting to stack the list with biased choices, which could have led to an unfair advantage. The element of surprise also ensured that neither party could game the system in anticipation of the selection method.
Additionally, this approach expedited the process, as it avoided drawn-out disputes over procedural rules before reaching the actual selection stage. Judicial control over the final decision further ensured that the chosen umpire would be someone both sides had at least initially deemed acceptable or the least unacceptable.
On the other hand, the lack of transparency introduced potential issues. By not disclosing the selection method in advance, the judge may have inadvertently placed one or both parties at a strategic disadvantage. If they had expected a different selection mechanism, they might have structured their nominations differently.
Additionally, surprise changes to the selection process could undermine trust in the system. Parties may feel that the judge acted arbitrarily, raising concerns about procedural fairness. However, the policy is silent as to the procedure, and the court is certainly free to determine what it feels is the best method since there seem to be no rules.
The winner was Travis Johnson. His résumé shows that he is an experienced independent adjuster who studied insurance while in college. He has an Associates in Claims (AIC) designation. This is a professional certification offered by The Institutes. It is designed for insurance professionals who handle claims and seek to enhance their technical expertise, ethical decision-making, and efficiency in claims handling. The AIC program covers topics such as investigating and evaluating insurance claims, legal and regulatory aspects, claim resolution strategies, and ethical considerations.
Johnson’s résumé also noted that he had served as an umpire and appraiser in the past. He did not have any certifications as an appraiser or umpire.
I certainly cannot find fault with the court’s selection. As I stated in Umpire Selection–Can a Neutral Umpire Really Be Selected:
Any randomly selected umpire will have some bias. That is why it is important for parties to have a dialogue before the selection by a court. As the old adage teaches, it is sometimes better to stay with the devil you know.
Thought For The Day
“A compromise is the art of dividing a cake in such a way that everyone believes he has the biggest piece.”
—Ludwig Erhard
1 A Plus Car Wash, v. State Auto. Mut. Ins. Co., No. 3:24-cv-03024 (C.D. Ill. Feb. 3, 2025).