The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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A Bank Robber, the Matrix & Mediation
By Leslie King O’Neal Advice From a Bank Robber–Go Where the Money Is Willie Sutton was a notorious bank robber in the 1920’s and 1930’s.[i] Over his 40-year criminal career, he stole at least $2 million. When a reporter asked him why… Read More
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Happy 100th Birthday, FAA!
By Leslie King O’Neal On February 12, 1925, President Calvin Coolidge signed the Federal Arbitration Act (“FAA”)[i] into law. The FAA made written arbitration agreements in “maritime transactions” or contracts “evidencing a transaction involving commerce” “valid, irrevocable and enforceable.” A bare-bones statute… Read More
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“High Conflict Personalities” & Disputes
By Leslie King O’Neal You’ve Met “High Conflict Personalities” Nearly everyone involved in dispute resolution encounters people with “high conflict personalities.” They’re often involved in disputes. These individuals are prone to, “exaggerated emotions, adamant directives, attacking and demeaning behavior, difficulty compromising, a… Read More
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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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