The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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Arbitrators “Exceeding Their Powers” Create Grounds to Vacate Awards
By Leslie King O’Neal When & How do Arbitrators Exceed Their Powers? Arbitrators “exceeding their powers” is grounds to vacate arbitration awards under the Federal Arbitration Act (“FAA”)[i] and state arbitration acts.[ii] How do arbitrators exceed their powers, making their awards subject… Read More
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A New Twist on Mediation: AAA Offers Early Dispute Resolution Mediation
By Leslie King O’Neal The American Arbitration Association®[i] in partnership with the Early Dispute Resolution Institute,[ii] now offers Early Dispute Resolution Mediation (EDR). EDR Mediation is a structured process, not a one day, all or nothing event. The flexible, four step process… Read More
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Avoiding “Death by PowerPoint”
By Leslie King O’Neal PowerPoint Presentations: Powerful or Deadly? Because construction projects and construction disputes are complex, lawyers and experts have long used various visual aids to illustrate and explain events and technical information to judges, juries, arbitrators and mediators. PowerPoint presentations… Read More
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Seven Deadly Sins of Construction Expert Witnesses
By Andrew D. Ness Experts Are Key in Many Construction Disputes Expert witnesses are central to resolution of many construction disputes. Experts fall into three general camps – forensic scheduling experts (CPM analysts), damages & accounting experts, and technical subject-matter experts. Technical… Read More
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Canadian Court Annuls Arbitration Award for Arbitrator’s Improper AI Use
By Leslie King O’Neal Canadian Provincial Court Annuls Arbitration Award, Citing Improper AI Use For the first time, a court has vacated an arbitration award because the arbitrator used Generative AI without telling the parties and the award contained several hallucinations—non-existent cases,… Read More
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How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in… Read More
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ABA Forum on Construction Law: Books On Sale Now
By Leslie King O’Neal Just in Time for Summer Reading–All Books 20% Off until June 4, 2026 One of the Forum’s best kept secrets is that Forum members can purchase all books at a 20% discount for a week or so before… Read More
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Memorial Day & National Moment of Remembrance
By Leslie King O’Neal Honoring Those Who Made The Ultimate Sacrifice Our debt to the heroic men and valiant women in the service of our country can never be repaid. They have earned our undying gratitude. America will never forget their sacrifices.”… Read More
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