Month: January 2025
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Court Sanctions Frivolous Appeal from Order to Arbitrate
By Leslie King O’Neal Preventing “Dogged, Unreasonable Opposition” to Arbitration Arbitration is a quick, economical, and efficient dispute resolution method. However, prolonged litigation before arbitration begins and after award can thwart these goals. Some courts are awarding sanctions to prevent this. Those fond of the strategy of opposing every step in the arbitration process…
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Diversity Improves ADR Fairness
By Leslie King O’Neal The Ray Corollary Initiative Professor LaRue is a founder of the Ray Corollary Initiative (RCI) https://raycorollary.org, a non-profit corporation whose mission is to “increase diversity, equity and inclusion in the selections of arbitrators, mediators, and other ADR neutrals.” Named after Charlotte Ray, the first Black woman admitted to the Bar in…
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“guided choice” mediation artificial intelligence mediation mediation preparation multi-party mediation
Mediation & the “Need for Speed”
By Leslie King O’Neal Speed Is The New Reality Adapting Mediation to “Speed Culture” The authors suggest lawyers and mediators must lean into the current “speed culture” and the mediation process must adapt to “the need for speed.” The authors criticize the leisurely pace at which some mediations are conducted, where half the day is…
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Who’s Coming to Arbitration? Arbitrating with Non-Signatories.
By Leslie King O’Neal Arbitrating with a party who did not sign an arbitration agreement is counter intuitive to many lawyers. It’s commonly known that commercial arbitration is a creature of contract; parties cannot be forced to arbitrate disputes without a written arbitration agreement. But, as with many legal rules, this one has several exceptions.…
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AI arbitration arbitration; arbitration clauses; non-signatories; arbitration awards arbitration clauses arbitration discovery arbitration rules arbitrators fashioning equitable awards artificial intelligence case management confidentiality conflicting clauses discovery in arbitration dispute review boards diversity; selecting arbitrators; selecting mediators DRB evidence FAA high conflict personality mediation mediation; mediation preparation; mediation preparation multi-party mediation personality disorders psychology rule changes sanctions vacating arbitration awards virtual reality witness statements