Month: July 2026
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Jazz and the Art of Witness Testimony
By Leslie King O’Neal Miles Davis: “It’s the notes you don’t play.” Renowned jazz trumpeter, Miles Davis[i], once said, “It’s not the notes you play. It’s the notes you don’t play.” The art is knowing what to leave out—and when. This concept applies to fact witness testimony in arbitration or in trial as well as…
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Arbitrators “Exceeding Their Powers” Create Grounds to Vacate Awards
By Leslie King O’Neal When & How do Arbitrators Exceed Their Powers? Arbitrators “exceeding their powers” is grounds to vacate arbitration awards under the Federal Arbitration Act (“FAA”)[i] and state arbitration acts.[ii] How do arbitrators exceed their powers, making their awards subject to vacatur? Some recent cases give examples of what constitutes arbitrators “exceeding their…
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A New Twist on Mediation: AAA Offers Early Dispute Resolution Mediation
By Leslie King O’Neal The American Arbitration Association®[i] in partnership with the Early Dispute Resolution Institute,[ii] now offers Early Dispute Resolution Mediation (EDR). EDR Mediation is a structured process, not a one day, all or nothing event. The flexible, four step process allows parties to make informed, risk-based settlement decisions. The cost is similar to …
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