The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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Does Terminating the Contract = Terminating the Arbitration Clause?
Posted by: Leslie O’Neal |By Leslie King O’Neal Do Arbitration Clauses Have a “Shelf Life?” What is the “shelf life” of an arbitration clause? If the underlying contract expires or is terminated, is the arbitration clause terminated also? Who decides if the… Read More
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Mediating with “High Conflict” Personalities—Tips for Attorneys & Mediators
By Leslie King O’Neal Most mediators and attorneys have met “high conflict personalities” (“HCP’s”) in their practices. A recent post described HCP behaviors”[i] and how to recognize them. This post offers practical tips for attorneys and mediators to make mediations with HCP’s… Read More
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How Much AI in Arbitration is Too Much?
By Leslie King O’Neal If Arbitrator Uses AI in Drafting Award, Is It Grounds for Vacatur? If an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)?… Read More
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Practice Tips from Experienced Arbitrators
By Leslie King O’Neal Insights from Experienced Arbitrators How can attorneys be more effective in presenting arbitration cases? At last Friday’s panel at the Miami-Dade Bar’s 2025 “LawCon”[i] four experienced arbitrators, Richard Suarez[ii], Scott Silverman[iii] and John Thornton[iv] and I presented tips… Read More
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Getting the “Right Stuff” in Arbitration Agreements
By Leslie King O’Neal “The Right Stuff” in Arbitration Agreements Poor Drafting Costs Time & Money The blog posts from the last two weeks illustrated how poorly drafted arbitration agreements can result in extensive litigation unrelated to the merits of the dispute.… Read More
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Same Parties, Four Arbitrations, Four Different Awards
arbitration arbitration award arbitration clauses arbitration rules Uncategorized vacating arbitration awardsBy Leslie King O’Neal A Texas-Size Dispute It’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th… Read More
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Conflicting ADR Clauses: Who Decides Priority?
By Leslie King O’Neal Multiple Contracts on Same Project Parties in construction projects often have multiple contracts related to the same job. What happens when these contracts have conflicting ADR clauses? Who decides which clause takes priority—a judge or an arbitrator? Recent… Read More
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Dispute Review Boards (DRB’s)–Resolving Disputes on the Jobsite
By Leslie King O’Neal Dispute Review Boards Provide On-Site Dispute Resolution It’s rare to have a construction project with no disputes. Dispute review boards provide a method for prompt, informal, cost-effective and impartial dispute resolution on the jobsite.[i] In the United States… Read More
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