Month: January 2026
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Disclosures are Key in Appraisals or Arbitrations
By Leslie King O’Neal Is Appraiser Partiality Grounds to Vacate an Appraisal? The Burke Appraisal The Burke case was a lease dispute between a landlord and a tenant regarding rent adjustments based on the property’s fair market value. The lease provided that each side would select an appraiser and these appraisers would attempt to resolve
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Reversing Prior Confirmation, Court Vacates Arbitration Award for Fraud
By Leslie King O’Neal Court Vacates Award for Perjured Testimony & Withheld Documents Vacating an arbitration award under the FAA is extremely difficult. It’s nearly impossible to vacate an arbitration award after a court confirms it in part. However, evidence of perjured testimony at arbitration and withheld documents led a federal judge to do just
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Honoring Dr. Martin Luther King, Jr.
By Leslie King O’Neal Today we honor the legacy of Dr. Martin Luther King, Jr. His words continue to inspire us to work for peace, justice and equal rights for all. “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny.
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Are Mediator’s Proposals Ethical?
By Leslie King O’Neal Mediator’s Proposals—Useful Tool or Ethical Minefield? Most mediators and construction lawyers are familiar with “mediator’s proposals,” a tool sometimes used to break impasse in negotiations. Typically, a “mediator’s proposal” is a confidential proposal setting forth a dollar amount and/or a set of settlement terms to each party. The party may accept
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