Author: Leslie O’Neal
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Tips for Using AI Wisely in Mediation
By Leslie King O’Neal Evolving AI Tools Complicate Law & ADR Practice 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 lawyers,…
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Happy 2d Anniversary, Construction ADR Toolbox!
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.”…
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The Contract Says Litigation but Parties Want Arbitration–Now What?
By Leslie King O’Neal Parties Can Agree to Arbitrate After Dispute Arises 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 arbitrate…
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2026 ADR Summer Reading List
By Leslie King O’Neal The Construction ADR Toolbox hopes everyone is taking some time off this summer to rest and relax. Summer vacation may mean a trip to the mountains or to the beach or the classic cross-country road trip. It’s also an opportunity to catch up on some reading. Here are some books and…
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California & Connecticut Enact New Laws About Arbitration
By Leslie King O’Neal The California and Connecticut legislatures recently passed new laws regarding arbitration agreements and who can serve as arbitrators. It will be interesting to see if any other states follow their examples. Lawyers or arbitrators practicing in California and Connecticut should review the new laws to determine whether they affect any current…
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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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