The Construction ADR Toolbox
ADR Resources for Construction Lawyers
-
Using Witness Statements in Arbitration
By Andrew Ness Witness Statements Gain Popularity in U.S. Arbitrations Of the many innovations gaining wider acceptance in U.S. arbitrations, use of fact witness statements in lieu of direct examination is leading the pack. For those considering the use of witness statements… Read More
-
Arbitration Awards: Avoiding Unfair Results
By Andy Ness How far can arbitrators go in fashioning an appropriate remedy without putting the arbitration award at risk of vacatur? A 2022 decision by the North Carolina Court of Appeals sheds light on what arbitrators can do when the contract’s… Read More
-
Mediated Case Management: Not an Oxymoron
By Leslie O’Neal If the parties are unable to settle at mediation, is that the end of the mediator’s role? Not necessarily! Impasse at mediation may not be “all she wrote” for the mediation process. “Mediated case management” allows the parties and… 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