The Construction ADR Toolbox
ADR Resources for Construction Lawyers
-
New AI Cases Add to Mediation Confidentiality “Can of Worms”
By Leslie King O’Neal Does Using Generative AI Tools Waive Attorney-Client or Work Product Privilege? Two recent cases came to different conclusions on whether a user’s generative AI interactions were protected by attorney-client or work product privilege and were subject to discovery.… Read More
-
AI in ADR Roundup
By Leslie King O’Neal This post is a “roundup” describing some new AI tools and some ideas for using them in your practice. AI is everywhere these days, including in ADR. New tools, new platforms, new cases and issues pop up faster… Read More
-
How Do Arbitrators Determine Delay & Damages Quantum?
By Andrew Ness At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages… Read More
-
A Role Model for All Lawyers: Marian Mayer Berkett
By Leslie King O’Neal Commemorating Women’s History Month and the ABA Forum on Construction Law’s upcoming 50th anniversary celebration, this week’s post showcases Marian Mayer Berkett’s long and storied legal career. Marian Mayer Berkett: Inspiring generations of lawyers The length and breadth… Read More
-
Front End Alignment & The Art of Dispute Prevention
By Leslie King O’Neal Front-End Alignment Keeps a Car on Track If your car is pulling to one side, the steering wheel is vibrating and the tires are squealing, these are signs the car may need a front-end alignment. With a proper… Read More
-
Surety’s “Do Nothing” Strategy Backfires
By Leslie King O’Neal The “Do Nothing” Strategy is Risky in Arbitration Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties… Read More
-
Move Over, AI Arbitrator! AAA Introduces AI “Resolution Simulator”
By Leslie King O’Neal Designed for One Party Use in Documents-Only Construction Cases Unlike the AI Arbitrator, the Resolution Simulator is designed for one party use in documents-only construction cases. The user submits relevant documents and information about the dispute to the… Read More
-
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
Search
Categories
- "guided choice" mediation
- "settlement privilege"
- ADR
- arbitration
- arbitration award
- arbitration rules
- artificial intelligence
- attorney's fees
- case management
- confidentiality
- construction law
- dispute prevention
- dispute review boards
- evidence
- FAA
- FAC
- insurance
- international arbitration
- mediation
- mediation preparation
- mediation privilege
- neutral evaluation
- private judge
- privilege
- reconciliation
- RUAA
- sanctions
- Uncategorized