The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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Arbitration Confidentiality Clashes with Courts
By Leslie King O’Neal Confidentiality is Key in Arbitration The goal of keeping arbitration awards confidential often clashes with the doctrine of open access to court records. Confidentiality is one of the main reasons parties choose arbitration to resolve disputes. Unlike court… Read More
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Attorney’s Fees in Arbitration: 5 Things to Know
By Leslie King O’Neal Tips on Attorney’s Fee Awards in Arbitration Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys. Although the “American Rule” on fee allocation generally applies, contract language, arbitration rules, and… Read More
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Out of the Background—Into the Spotlight
Insurance Coverage Issues in Construction Mediation By Leslie King O’Neal Backups Play Important Roles in Music — and Mediation Backup singers and groups play important roles in all types of music, sometimes with credit and sometimes without. Rock & roll fans may… Read More
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GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
By Leslie King O’Neal Ex Parte Emails Inappropriate & Unethical It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written… Read More
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Construction Lawyers & the Art of Mediation Representation
By Leslie King O’Neal Mediation Representation—Underappreciated & Misunderstood While representing clients in mediation is part of most construction attorneys’ practices, few attorneys receive formal training about this aspect of their work. Mediation representation training is given short shrift compared to its more… Read More
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FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the… Read More
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Steve Nelson on “Emerging Trends in ADR”
By Leslie King O’Neal When Steve Nelson Speaks About ADR–People Listen! Well known construction mediator, Steve Nelson, https://www.nadn.org/steve-nelson provided insights about emerging trends in construction ADR in a recent seminar. This post highlights some emerging trends and how construction lawyers can use… Read More
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Effect of “Manifest Disregard of Law”
By Leslie King O’Neal 5th Circuit Holds “Manifest Disregard of Law” Not Basis to Vacate Award Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits… Read More
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