The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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Court Sanctions Frivolous Appeal from Order to Arbitrate
By Leslie King O’Neal Preventing “Dogged, Unreasonable Opposition” to Arbitration Arbitration is a quick, economical, and efficient dispute resolution method. However, prolonged litigation before arbitration begins and after award can thwart these goals. Some courts are awarding sanctions to prevent this.… Read More
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Diversity Improves ADR Fairness
By Leslie King O’Neal The Ray Corollary Initiative Professor LaRue is a founder of the Ray Corollary Initiative (RCI) https://raycorollary.org, a non-profit corporation whose mission is to “increase diversity, equity and inclusion in the selections of arbitrators, mediators, and other ADR neutrals.”… Read More
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Mediation & the “Need for Speed”
“guided choice” mediation artificial intelligence mediation mediation preparation multi-party mediationBy Leslie King O’Neal Speed Is The New Reality Adapting Mediation to “Speed Culture” The authors suggest lawyers and mediators must lean into the current “speed culture” and the mediation process must adapt to “the need for speed.” The authors criticize the… Read More
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Who’s Coming to Arbitration? Arbitrating with Non-Signatories.
By Leslie King O’Neal Arbitrating with a party who did not sign an arbitration agreement is counter intuitive to many lawyers. It’s commonly known that commercial arbitration is a creature of contract; parties cannot be forced to arbitrate disputes without a written… Read More
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Happy Holidays to You
arbitration arbitration award confidentiality mediation mediation statements multi-party mediation vacating arbitration awards witness statementsWe wish you and yours a joyous holiday season and a happy new year. See you next year! Top Five Posts From 2024 These are our top five posts from 2024. We look forward to sharing more posts with you in 2025! Read More
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No Limits on Arbitration?
By Leslie King O’Neal Lessons from Disney and Uber Are there any limits on the scope of arbitration agreements? Two recent high-profile cases highlight arbitration clauses with extraordinary breadth. While not common in construction-related contracts now, such clauses may be more… Read More
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JAMS Introduces New Rules for AI Disputes
By Leslie King O’Neal AI Disputes Require New Rules Since artificial intelligence (AI) is becoming part of everyday business in the design and construction industry, disputes involving AI issues are likely to become more common also. AI-related disputes often involve experts and… Read More
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Arbitrator Site Visits–IBA Issues New Protocol
By Andy Ness Sometimes Virtual Isn’t Enough Site visits often play a significant role in large construction arbitrations. Construction drawings, pictures and even videos cannot match actually seeing the project in person and viewing the project elements and work areas involved in… Read More
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