The Construction ADR Toolbox
ADR Resources for Construction Lawyers
-
Good Ideas Don’t Stop at the Border: What U.S. Attorneys Can Learn from International Arbitration
By Leslie King O’Neal Although arbitration is widely used to resolve disputes globally, not all arbitrations look the same. Arbitration proceedings vary widely depending on the parties’, counsels’, and arbitrators’ legal traditions.[1] At the American College of Construction Lawyers’ annual meeting, four… Read More
-
Does (Font) Size Matter?
By Leslie King O’Neal Is an Illegible Arbitration Agreement Enforceable? The FAA requires arbitration agreements to be in writing.[i] But, does the writing have to be legible? Is an unreadable arbitration agreement enforceable? In Fuentes v. Empire Nissan, Inc.[ii] the California Supreme… Read More
-
“Peacemakers-in-Chief”: POTUS and ADR
By Leslie King O’Neal In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation. George Washington’s Will Had an Arbitration Agreement Even in the early days of the United States, arbitration was… Read More
-
Is “Manifest Disregard of Facts” Grounds to Vacate Arbitration Award?
By Leslie King O’Neal 9th Circuit Says “Manifest Disregard of Facts” Can Be Grounds to Vacate Can a court vacate an arbitration award if the arbitrator manifestly disregards undisputed facts?” Simply reading FAA §10[i] would indicate “no” but a recent 9th Circuit… Read More
-
Disclosures are Key in Appraisals or Arbitrations
By Leslie King O’Neal Is Appraiser Partiality Grounds to Vacate an Appraisal? The Burke Appraisal The Burke case was a lease dispute between a landlord and a tenant regarding rent adjustments based on the property’s fair market value. The lease provided that… Read More
-
Reversing Prior Confirmation, Court Vacates Arbitration Award for Fraud
By Leslie King O’Neal Court Vacates Award for Perjured Testimony & Withheld Documents Vacating an arbitration award under the FAA is extremely difficult. It’s nearly impossible to vacate an arbitration award after a court confirms it in part. However, evidence of perjured… Read More
-
Honoring Dr. Martin Luther King, Jr.
By Leslie King O’Neal Today we honor the legacy of Dr. Martin Luther King, Jr. His words continue to inspire us to work for peace, justice and equal rights for all. “Injustice anywhere is a threat to justice everywhere. We are caught… Read More
-
Are Mediator’s Proposals Ethical?
By Leslie King O’Neal Mediator’s Proposals—Useful Tool or Ethical Minefield? Most mediators and construction lawyers are familiar with “mediator’s proposals,” a tool sometimes used to break impasse in negotiations. Typically, a “mediator’s proposal” is a confidential proposal setting forth a dollar amount… Read More
Search
Categories
- "guided choice" mediation
- "settlement privilege"
- ADR
- arbitration
- arbitration award
- arbitration rules
- artificial intelligence
- attorney's fees
- case management
- confidentiality
- construction law
- dispute review boards
- evidence
- FAA
- FAC
- insurance
- international arbitration
- mediation
- mediation preparation
- mediation privilege
- neutral evaluation
- private judge
- privilege
- reconciliation
- RUAA
- sanctions
- Uncategorized