Resources for Construction Lawyers and ADR Professionals
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…
Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys.
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 without the Heartbreakers.[i] The Academy award…
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…
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,…
Well known construction mediator, Steve Nelson, https://www.nadn.org/steve-nelson provided insights about emerging trends in construction ADR in a recent seminar. This post highlights some emerging trends and how construction lawyers can use them in their practices.
Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits agree on use of “manifest disregard of law?” A recent case from the 5th Circuit Court…