Author: Leslie O’Neal
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GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
By Leslie King O’Neal Ex Parte Emails Inappropriate & Unethical It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written ex parte communications with parties or counsel to prevent motions to vacate the…
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Construction Lawyers & the Art of Mediation Representation
By Leslie King O’Neal Mediation Representation—Underappreciated & Misunderstood While representing clients in mediation is part of most construction attorneys’ practices, few attorneys receive formal training about this aspect of their work. Mediation representation training is given short shrift compared to its more glamorous cousin, trial advocacy training. As a result, most lawyers develop their mediation…
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FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the FAA or state arbitration law applies when there is a transaction involving interstate…
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Steve Nelson on “Emerging Trends in ADR”
By Leslie King O’Neal When Steve Nelson Speaks About ADR–People Listen! Well known construction mediator, Steve Nelson, https://www.nadn.org/steve-nelson provided insights about emerging trends in construction ADR in a recent seminar. This post highlights some emerging trends and how construction lawyers can use them in their practices. Hosted by “Will Work for Food” https://www.linkedin.com/showcase/will-work-for-food-mediation-the-new-possibilities-hour/posts/?feedView=all, which presents…
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Effect of “Manifest Disregard of Law”
By Leslie King O’Neal 5th Circuit Holds “Manifest Disregard of Law” Not Basis to Vacate Award Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits agree on use of “manifest disregard of law?” A recent case from the…
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Does Terminating the Contract = Terminating the Arbitration Clause?
Posted by: Leslie O’Neal |By Leslie King O’Neal Do Arbitration Clauses Have a “Shelf Life?” What is the “shelf life” of an arbitration clause? If the underlying contract expires or is terminated, is the arbitration clause terminated also? Who decides if the arbitration clause is still valid—the court or the arbitrator? A Long-Running Dispute Over…
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Mediating with “High Conflict” Personalities—Tips for Attorneys & Mediators
By Leslie King O’Neal Most mediators and attorneys have met “high conflict personalities” (“HCP’s”) in their practices. A recent post described HCP behaviors”[i] and how to recognize them. This post offers practical tips for attorneys and mediators to make mediations with HCP’s more successful. These tips are based on the books Mediating High Conflict Disputes by…
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How Much AI in Arbitration is Too Much?
By Leslie King O’Neal If Arbitrator Uses AI in Drafting Award, Is It Grounds for Vacatur? If an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)? This issue was raised in a recently filed petition to vacate arbitration award…
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