The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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11th Circuit Holds Clickwrap Arbitration Clause Valid
By Leslie King O’Neal When a “Click” Creates a Contract Many consumers (and lawyers) click “Yes” or “Submit” when making online purchases. They don’t take the time to read the Terms and Conditions listed because they’re in a hurry. However, they may… Read More
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Can Arbitrators Sanction Attorneys for AI Hallucinations?
By Leslie King O’Neal AI use is commonplace in law practice. Unfortunately, cases involving AI fake citations (a/k/a “hallucinations”) are also commonplace.[i] These cases continue although AI’s penchant for such hallucinations is well-known and well-documented.[ii] If lawyers are filing briefs and memoranda… Read More
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Court Strikes Expert Report Citing Confidential Information
By Leslie King O’Neal If experts review and cite confidential settlement documents in their reports, the court may strike the reports and limit the experts’ testimony. In U.S. v. EES Coke Battery, LLC,[i] two experts reviewed and cited confidential settlement communications… Read More
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Four Construction Mediators Get Together and . . .
By Leslie King O’Neal What happens when you put four construction mediators together? Of course, they talk about their experiences mediating construction cases. The Georgia Bar Construction Section invited Deborah Ballati, https://www.linkedin.com/in/deborah-ballati-75100515a/ Hal Gray, https://www.linkedin.com/in/herbert-h-hal-gray-iii-6174b419/ Steve Nelson https://www.linkedin.com/in/steve-nelson-6a9b413/ and me to participate… Read More
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ADR Summer Reading List
By Leslie King O’Neal Nothing says “summer” like an ADR summer reading list! Perhaps ADR books aren’t the typical “beach reads” tucked into tote bags when heading for the lake, pool or shore (or other vacation sites).[i] But, this blog post suggests… Read More
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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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