By Leslie King O’Neal
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.
Mediation and “The Need for Speed”
This post discussed ways to adapt mediation culture and process to meet modern business’s “need for speed.”
“Guided Choice Mediation”
One of our earliest posts described the use of “guided choice” mediation. In this process, early mediator involvement allows parties to exchange information confidentially before negotiating. Experienced mediators, Bruce Alexander and Clif Shapiro describe the benefits in construction defect cases.
Construction Lawyers & the Art of Mediation Representation
Although mediation is part of almost every construction dispute, there is little training for construction lawyers about effective mediation advocacy. This post highlights Prof. John Lande’s article, The Art of Mediation Representation: Helping Clients Make Good Decisions, which provides resources and checklists to assist lawyers in mediation representation.
The Legend of Arbitration Discovery
Discovery in arbitration is a much-discussed subject. Does discovery exist under the FAA? This post sorted fact from fiction about arbitration discovery.
How Confidential is Arbitration? Does Confidentiality Extend After the Arbitration Award?
Arbitration may not be as confidential as some attorneys and parties believe. And, courts aren’t bound by parties’ confidentiality agreements. This post gave guidance on keeping sensitive information confidential during and after the arbitration hearing.
Practical Tips for Drafting Witness Statements
Witness statements are widely used in international arbitration and are becoming more common in U.S practice. However, a poorly drafted witness statement may create more problems than it solves. This post by Andy Ness provided practical tips for drafting witness statements.
Takeaways:
The Construction ADR Toolbox looks forward to providing useful and (we hope) interesting information about ADR topics for construction lawyers, arbitrators and mediators. We welcome your suggestions on topics or cases to discuss.
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