The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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Arbitration Award Upheld Despite Misnomer
By Leslie King O’Neal What’s in a Name? In arbitration, as in court, it’s important to name the parties accurately. However, in a recent case, the 6th Circuit upheld an award which incorrectly named the respondent. Finding the substance of the arbitration… Read More
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Arbitration Agreements Come in Many Forms
By Leslie King O’Neal Not All Arbitration Agreements Look Alike Most construction lawyers know the basic premises that, “arbitration is a creature of contract” and that “parties can’t be compelled to arbitrate unless they have agreed to do so.”[i] However, they are… Read More
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Third-Party Discovery in Arbitration? Amended CA Arbitration Act Expands Options
By Leslie King O’Neal Third Party Discovery is Limited in Most Arbitrations While subpoenaing third parties seeking documents or testimony is common in construction litigation, advocates are sometimes surprised to learn such discovery is more limited in arbitration. Obtaining discovery from third… Read More
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“Deepfake” Evidence Is in the Courts—Is Arbitration Next?
By Leslie King O’Neal What are “Deepfakes?” “’Deepfakes’ are videos or images where a person’s face, body or voice has been digitally altered so they appear to be someone else, typically used maliciously or to spread false information.”[i] The rapid development of… Read More
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Can Courts Review “Interim” Arbitration Awards Under the FAA?
By Leslie King O’Neal Interim v. Final Awards—What’s the Difference? Arbitrators often issue “interim” awards regarding certain issues, such as liability, leaving damages claims or attorneys’ fees for later determination. Are these interim awards subject to motions to confirm or to vacate… Read More
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What is In-House Counsel’s Role in ADR?
By Leslie King O’Neal What is an in-house counsel’s role in ADR? Should in-house lawyers simply hire the best outside counsel they can find and let him or her manage the dispute using ADR (or not) with little or no input? Or… Read More
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AAA Launches Digital Mediation Magazine
By Leslie King O’Neal Introducing Mediation Magazine On October 16, 2025, the American Arbitration Association (AAA) introduced its new digital publication, Mediation Magazine.[i]The debut issue features columns on AI & Mediation (MedAItion) by Amy Schmitz and William Froelich, International Mediation by Paul… Read More
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Arbitrator Replacement—When, Why and How
By Leslie King O’Neal Why Are Arbitrators Replaced? There are several reasons. Most commonly, arbitrators may have health problems making them unable to serve, they may pass away or they may have a conflict with a party or witness, requiring recusal. What… Read More
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