Author: Leslie O’Neal
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Tips on Maximizing Arbitration Efficiency
By Leslie King O’Neal Improving Arbitration Efficiency: Tips from the 14th AtlAS Conference Arbitration is touted as an efficient, cost-effective dispute resolution method, but some complain it’s not meeting these goals. Do arbitrations take too long and cost too much? Why does it take one or two years to build a bridge, but three or…
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AI Arbitrators Coming Soon to Construction Cases
By Leslie King O’Neal[i] AAA Announces AI Arbitrator for Construction Cases The AI Arbitrators are here–are you ready? The American Arbitration Association (AAA) announced its release of an AI arbitrator for “documents-only” construction cases.[ii] AAA will preview the AI arbitrator at the Future Dispute Resolution-New York Conference on Thursday, October 9, 2025.[iii] It will…
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“guided choice” mediation insurance mediation mediation preparation mediation statements multi-party mediation
After 4,000 Years of Mediation, Why Aren’t We Better At It?
By Leslie King O’Neal CLM Construction Conference Features Mediation Panel It was a great honor to share the stage with two extraordinary mediators: the Hon. Victoria Chaney and Steve Nelson, as well as claims professional, Lee Wright[1] at the CLM Construction Conference[2] held in San Diego, CA, last week. We shared our thoughts on why…
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It’s Too Late, Baby–Motion to Vacate Denied
By Leslie King O’Neal Don’t Be Late Being “too late” is a popular theme in rock music.[1] Being “too late” in filing a motion to vacate an arbitration award can mean a party loses its right to review an adverse award. This post discusses the deadline for filing motions to vacate and some obstacles to…
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“Naked” Arbitration: Should You Go “Bare”?
By Leslie King O’Neal What is “Bare” Arbitration? This post is not discussing holding arbitrations in one’s birthday suit! Rather, it discusses the pros and cons of non-administered or ad hoc arbitrations, where the parties and the arbitrators establish and administer the entire process, without relying on an arbitral organization such as AAA or JAMS.…
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What Conduct Waives Arbitration Rights?
By Leslie King O’Neal Arbitration Rights Can Be Waived By Conduct Arbitration agreements are irrevocable, but parties can waive the right to arbitrate by participating in litigation. What kind of conduct leads to waiving arbitration rights? Is filing a motion to dismiss ok? Can defendants keep arbitration in reserve in case the court doesn’t dismiss…
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“guided choice” mediation arbitration arbitration clauses artificial intelligence confidentiality insurance mediation mediation preparation mediation privilege multi-party mediation neutral evaluation witness statements
Happy 1st Anniversary, Construction ADR Toolbox
By Leslie King O’Neal The Construction ADR Toolbox Blog Celebrates its First Anniversary It’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration, mediation, artificial intelligence, insurance, and other ADR topics. We are looking forward to…
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NFL Penalized for Unfair Arbitration Clause
By Leslie King O’Neal Are You Ready for Some Football—and Arbitration? Football season is almost here—the annual frenzy of gridiron clashes between dozens of teams at all competition levels. NFL teams are already holding preseason games before the official season begins on September 4, 2025. The college season gets underway on August 23, 2025. Fans…
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