Month: June 2025
-
Arbitration Confidentiality Clashes with Courts
By Leslie King O’Neal Confidentiality is Key in Arbitration The goal of keeping arbitration awards confidential often clashes with the doctrine of open access to court records. Confidentiality is one of the main reasons parties choose arbitration to resolve disputes. Unlike court proceedings, where records and hearings are usually open to the public, arbitration filings
//
-
Attorney’s Fees in Arbitration: 5 Things to Know
By Leslie King O’Neal Tips on Attorney’s Fee Awards in Arbitration Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys. Although the “American Rule” on fee allocation generally applies, contract language, arbitration rules, and applicable statutes can affect attorney’s fee awards in arbitration.U Understanding how attorney’s fees
//
-
Out of the Background—Into the Spotlight
Insurance Coverage Issues in Construction Mediation By Leslie King O’Neal Backups Play Important Roles in Music — and Mediation Backup singers and groups play important roles in all types of music, sometimes with credit and sometimes without. Rock & roll fans may find it hard to imagine Gladys Knight without the Pips or Tom Petty
//
-
GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
By Leslie King O’Neal Ex Parte Emails Inappropriate & Unethical It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written ex parte communications with parties or counsel to prevent motions to vacate the
//
-
Construction Lawyers & the Art of Mediation Representation
By Leslie King O’Neal Mediation Representation—Underappreciated & Misunderstood While representing clients in mediation is part of most construction attorneys’ practices, few attorneys receive formal training about this aspect of their work. Mediation representation training is given short shrift compared to its more glamorous cousin, trial advocacy training. As a result, most lawyers develop their mediation
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (5)
- "settlement privilege" (2)
- ADR (4)
- arbitration (51)
- arbitration award (20)
- arbitration clauses (16)
- arbitration rules (13)
- artificial intelligence (11)
- attorney's fees (1)
- case management (6)
- confidentiality (6)
- construction law (1)
- discovery in arbitration (4)
- dispute review boards (3)
- diversity (1)
- evidence (1)
- FAA (14)
- FAC (2)
- insurance (4)
- international arbitration (1)
- mediation (24)
- mediation preparation (13)
- mediation privilege (2)
- mediation statements (4)
- multi-party mediation (8)
- neutral evaluation (4)
- private judge (1)
- privilege (3)
- reconciliation (1)
- RUAA (1)
- sanctions (2)
- Uncategorized (13)
- vacating arbitration awards (15)
- witness statements (6)
Recent Posts
Tags
"bare" arbitration; non-administered arbitration "manifest disregard of law" AAA AI AI arbitrator arbitration arbitration awards arbitration efficiency; international arbitration arbitration rules arbitrator replacement artificial intelligence bias case management confidentiality deadline for motion to vacate ethics FAA good faith in-house counsel insurance coverage international arbitration mediation mediation advocacy mediation preparation multi-party mediation private judge state arbitration law vacating arbitration awards waiver of arbitration witness statements