Resources for Construction Lawyers and ADR Professionals
This could be the theme song for lawyers, arbitrators and others involved in dispute resolution as they manage generative AI use. Balancing the constantly changing landscape of AI tools in law practice and ADR practice with ethics standards is a constant struggle…
When is an alternative dispute resolution process worthy of the name “arbitration?” What are the essential attributes of “arbitration?” In two recent cases the NFL’s “arbitration” process was found too one-sided to be called “arbitration,” allowing the cases to proceed in court.[i]…
Movie producer Samuel Goldwyn famously quipped, “A verbal contract isn’t worth the paper it’s written on.” But is this always true? While some types of agreements, such as real estate contracts,[i] must be in writing to be enforceable under the Statute of…
An arbitrator’s “evident partiality” toward one party is grounds to vacate an award under the Federal Arbitration Act (“FAA”)[i] But what constitutes “evident partiality” sufficient to vacate an award? The leading Supreme Court decision doesn’t provide definitive guidance, and the Federal Circuits…
How can lawyers and mediators use AI tools wisely in mediation? During the last few years, the legal profession and the ADR world have struggled with using AI in practice. Is AI a wonderful tool or is it the death knell for…
It’s hard to believe, but The Construction ADR Toolbox blog is two years old! To celebrate, we’re re-posting some of our most-liked posts from the past two years.
If the parties’ contract specifies litigation to resolve disputes, but the parties want to arbitrate, what are their options? Can parties agree to arbitrate despite the contract’s language? Yes, they can! Arbitration is a creature of contract, but parties can agree to…