Month: March 2025
-
Conflicting ADR Clauses: Who Decides Priority?
By Leslie King O’Neal Multiple Contracts on Same Project Parties in construction projects often have multiple contracts related to the same job. What happens when these contracts have conflicting ADR clauses? Who decides which clause takes priority—a judge or an arbitrator? Recent cases from the 4th Circuit and SCOTUS discuss this complex issue. Subcontracts –and…
//
-
Dispute Review Boards (DRB’s)–Resolving Disputes on the Jobsite
By Leslie King O’Neal Dispute Review Boards Provide On-Site Dispute Resolution It’s rare to have a construction project with no disputes. Dispute review boards provide a method for prompt, informal, cost-effective and impartial dispute resolution on the jobsite.[i] In the United States DRB’s have been used for over 30 years to avoid and resolve disputes…
//
-
The Legends of St. Patrick & Arbitration Discovery
By Leslie King O’Neal In honor of St. Patrick’s Day, a bit about him and his legends (and the legend of arbitration discovery too)! St. Patrick’s Legends Legends abound about St. Patrick, Ireland’s patron saint (who wasn’t born in Ireland). According to one legend, St. Patrick drove the snakes from the Emerald Isle. However, like…
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (2)
- "settlement privilege" (1)
- ADR (2)
- arbitration (20)
- arbitration award (5)
- arbitration clauses (3)
- arbitration rules (3)
- artificial intelligence (3)
- case management (2)
- confidentiality (4)
- construction law (1)
- discovery in arbitration (2)
- dispute review boards (1)
- diversity (1)
- evidence (1)
- FAA (3)
- mediation (15)
- mediation preparation (8)
- mediation statements (2)
- multi-party mediation (4)
- neutral evaluation (1)
- private judge (1)
- privilege (2)
- reconciliation (1)
- Uncategorized (3)
- vacating arbitration awards (4)
- witness statements (4)
Recent Posts
Tags
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