The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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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… Read More
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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. Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
