Author: Leslie O’Neal
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IS MEDIATION CONFIDENTIAL? IT DEPENDS!
By Leslie King O’Neal Location, Location, Location–Confidentiality Depends on Where the Mediation Occurs Confidentiality is the bedrock of mediation. Parties will not communicate candidly with the mediator unless they know their statements will be confidential. However, there is no uniform mediation confidentiality law applicable in all 50 states, nor is there a uniform federal mediation…
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Texting Witness Re: Answers During Testimony Results in Vacating Arbitration Award
Texting witnesses during testimony at arbitration constitutes fraud, resulting in court vacating arbitration award.
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No “Settlement Privilege” for Expert’s PowerPoint
By Leslie King O’Neal What Happens in Settlement Conferences May Not Stay There “Work Product Privilege” Waived; No “Settlement Privilege” Applicable The court rejected Warrington’s argument that “work product privilege” protected the non-testifying expert’s PowerPoint from discovery, finding he waived the privilege by revealing the PowerPoint to defendant during the settlement conference. The fact that…
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Tips for Construction Mediation Statements
By Andrew Ness Earlier posts cover preparing for mediation more generally.[i] This post provides tips for mediation statements, drawn from my experience both as a construction dispute mediator and an advocate at mediations. The Goal of the Mediation Statement: Helping the Mediator to be Effective Everything in the mediation statement should focus on the objective…
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Private Judging: An ADR Alternative in Florida
By Leslie O’Neal Process Combines Arbitration’s Flexibility and Litigation’s Procedural Safeguards [i] Most experienced construction attorneys are familiar with binding arbitration as an alternative dispute resolution (ADR) method. Some attorneys and clients are wary of binding arbitration because neither the Florida Rules of Civil Procedure nor the Florida Rules of Evidence apply in most arbitrations…
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Building the Foundation for Mediation Success
By Leslie King O’Neal Preparation is the Foundation for Mediation Success Most construction cases now go to mediation, either via court order or voluntarily. How can attorneys and clients get the most from the mediation process, maximizing settlement opportunities? While attorneys don’t control all the factors leading to mediation success, pre-mediation preparation is the foundation…
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The Attorney’s Role in Preparing Witness Statements and Exhibits
By Andrew Ness Last week’s post, Practical Tips for Drafting Witness Statements listed thirteen recommendations for making witness statements more effective and powerful. This week’s post adds guidance about the attorney’s role in drafting effective witness statements and exhibits, including some cardinal rules to follow to avoid potential disaster on cross examination. Who Drafts the…
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Practical Tips for Drafting Witness Statements
By Andrew Ness Drafting Effective Witness Statements Using Witness Statements in Arbitration (8/31/24) addressed the basics for using written witness statements in lieu of direct testimony in arbitration. This post provides tips for drafting effective witness statements. Practical Tips for Drafting Effective Witness Statements Takeaways Drafting effective witness statements requires collaboration between counsel…
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Categories
- "good faith" (1)
- "settlement privilege" (1)
- arbitration (6)
- arbitration award (3)
- case management (2)
- confidentiality (2)
- mediation (5)
- mediation preparation (3)
- mediation statements (1)
- private judge (1)
- privilege (2)
- vacating arbitration awards (1)
- witness statements (3)
