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