Resources for Construction Lawyers and ADR Professionals
Movie producer Samuel Goldwyn famously quipped, “A verbal contract isn’t worth the paper it’s written on.” But is this always true? While some types of agreements, such as real estate contracts,[i] must be in writing to be enforceable under the Statute of…
The American Arbitration Association®[i] in partnership with the Early Dispute Resolution Institute,[ii] now offers Early Dispute Resolution Mediation (EDR). EDR Mediation is a structured process, not a one day, all or nothing event. The flexible, four step process allows parties to make…
May 1 is “Law Day,” honoring the “Rule of Law” in the United States. President Dwight D. Eisenhower established “Law Day” in 1958 to celebrate the rule of law in a free society.[i] The American Bar Association and many state and local…
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 interactions with…
This post is a “roundup” describing some new AI tools and some ideas for using them in your practice.
Most mediators and construction lawyers are familiar with “mediator’s proposals,” a tool sometimes used to break impasse in negotiations. Typically, a “mediator’s proposal” is a confidential proposal setting forth a dollar amount and/or a set of settlement terms to each party. The…
What is an in-house counsel’s role in ADR? Should in-house lawyers simply hire the best outside counsel they can find and let him or her manage the dispute using ADR (or not) with little or no input? Or should inside counsel collaborate…
On October 16, 2025, the American Arbitration Association (AAA) introduced its new digital publication, Mediation Magazine.[i]The debut issue features columns on AI & Mediation (MedAItion) by Amy Schmitz and William Froelich, International Mediation by Paul Sills and Mediation Aspects of SB 940…