Resources for Construction Lawyers and ADR Professionals
Most experienced construction attorneys are familiar with binding arbitration as an alternative dispute resolution (ADR) method. Some attorneys and clients are wary of binding arbitration because neither the Florida Rules of Civil Procedure nor the Florida Rules of Evidence apply in most…
Most construction cases now go to mediation, either via court order or voluntarily. How can attorneys and clients get the most from the mediation process, maximizing settlement opportunities? While attorneys don’t control all the factors leading to mediation success, pre-mediation preparation is…
Last week’s post, Practical Tips for Drafting Witness Statements listed thirteen recommendations for making witness statements more effective and powerful. This week’s post adds guidance about the attorney’s role in drafting effective witness statements and exhibits, including some cardinal rules to follow…
Using Witness Statements in Arbitration (8/31/24) addressed the basics for using written witness statements in lieu of direct testimony in arbitration. This post provides tips for drafting effective witness statements.
Confidentiality in arbitration is more limited than many attorneys and parties believe. Confidentiality agreements can help protect sensitive information, but they’re not binding on courts considering post-hearing motions. This post gives guidance on keeping information confidential during and after arbitration.
“They’re not here in good faith!” is an accusation mediators sometimes hear. But what does “good faith” mean in mediation? Is it the mediator’s role to decide if parties are acting in “good faith?” Should mediators report parties who violate “good faith”…
Of the many innovations gaining wider acceptance in U.S. arbitrations, use of fact witness statements in lieu of direct examination is leading the pack. For those considering the use of witness statements in an upcoming arbitration, this post outlines the procedures generally…
How far can arbitrators go in fashioning an appropriate remedy without putting the arbitration award at risk of vacatur? A 2022 decision by the North Carolina Court of Appeals sheds light on what arbitrators can do when the contract’s remedy-granting provisions cannot…