Category: confidentiality
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New AI Cases Add to Mediation Confidentiality “Can of Worms”
By Leslie King O’Neal Does Using Generative AI Tools Waive Attorney-Client or Work Product Privilege? Two recent cases came to different conclusions on whether a user’s generative AI interactions were protected by attorney-client or work product privilege and were subject to discovery. In U.S. v. Heppner[i] a New York district judge held a criminal defendant’s
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Move Over, AI Arbitrator! AAA Introduces AI “Resolution Simulator”
By Leslie King O’Neal Designed for One Party Use in Documents-Only Construction Cases Unlike the AI Arbitrator, the Resolution Simulator is designed for one party use in documents-only construction cases. The user submits relevant documents and information about the dispute to the Simulator, which provides a summary for the user to review and approve. After
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“guided choice” mediation arbitration arbitration clauses artificial intelligence confidentiality insurance mediation mediation preparation mediation privilege multi-party mediation neutral evaluation witness statements
Happy 1st Anniversary, Construction ADR Toolbox
By Leslie King O’Neal The Construction ADR Toolbox Blog Celebrates its First Anniversary It’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration, mediation, artificial intelligence, insurance, and other ADR topics. We are looking forward to
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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 proceedings, where records and hearings are usually open to the public, arbitration filings
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arbitration arbitration award confidentiality mediation mediation statements multi-party mediation vacating arbitration awards witness statements
Happy Holidays to You
We 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!
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IS MEDIATION CONFIDENTIAL? IT DEPENDS!
By Leslie King O’Neal Location, Location, Location–Confidentiality Depends on Where the Mediation Occurs Confidentiality is the bedrock of mediation. Parties will not communicate candidly with the mediator unless they know their statements will be confidential. However, there is no uniform mediation confidentiality law applicable in all 50 states, nor is there a uniform federal mediation
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Confidentiality in arbitration–and afterward
Confidentiality in arbitration is more limited than many attorneys and parties believe. Confidentiality agreements can help protect sensitive information, but they’re not binding on courts considering post-hearing motions. This post gives guidance on keeping information confidential during and after arbitration.
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