Author: Leslie O’Neal
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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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Practice Tips from Experienced Arbitrators
By Leslie King O’Neal Insights from Experienced Arbitrators How can attorneys be more effective in presenting arbitration cases? At last Friday’s panel at the Miami-Dade Bar’s 2025 “LawCon”[i] four experienced arbitrators, Richard Suarez[ii], Scott Silverman[iii] and John Thornton[iv] and I presented tips from our arbitration experiences. Patricia Thompson[v], another experienced arbitrator, moderated the panel. Plan…
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Getting the “Right Stuff” in Arbitration Agreements
By Leslie King O’Neal “The Right Stuff” in Arbitration Agreements Poor Drafting Costs Time & Money The blog posts from the last two weeks illustrated how poorly drafted arbitration agreements can result in extensive litigation unrelated to the merits of the dispute. These arbitration clauses didn’t help the parties resolve their disputes efficiently and cost-effectively.…
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arbitration arbitration award arbitration clauses arbitration rules Uncategorized vacating arbitration awards
Same Parties, Four Arbitrations, Four Different Awards
By Leslie King O’Neal A Texas-Size Dispute It’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th Circuit decision in Sullivan et al. v. Feldman et al[ii] illustrates. This case…
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