Category: mediation
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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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AI in ADR Roundup
By Leslie King O’Neal This post is a “roundup” describing some new AI tools and some ideas for using them in your practice. AI is everywhere these days, including in ADR. New tools, new platforms, new cases and issues pop up faster than mushrooms after a rainstorm. It’s dizzying trying to keep up with these
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Are Mediator’s Proposals Ethical?
By Leslie King O’Neal Mediator’s Proposals—Useful Tool or Ethical Minefield? 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 party may accept
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What is In-House Counsel’s Role in ADR?
By Leslie King O’Neal 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 with outside counsel in developing strategies for resolving disputes
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AAA Launches Digital Mediation Magazine
By Leslie King O’Neal Introducing Mediation Magazine 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 in CA by Mattie Robertson. AAA
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“guided choice” mediation insurance mediation mediation preparation mediation statements multi-party mediation
After 4,000 Years of Mediation, Why Aren’t We Better At It?
By Leslie King O’Neal CLM Construction Conference Features Mediation Panel It was a great honor to share the stage with two extraordinary mediators: the Hon. Victoria Chaney and Steve Nelson, as well as claims professional, Lee Wright[1] at the CLM Construction Conference[2] held in San Diego, CA, last week. We shared our thoughts on why
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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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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 in a free webinar on June 20, 2025. Todd Heffner of Smith Gambrel
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