Category: Uncategorized
-
Surety’s “Do Nothing” Strategy Backfires
By Leslie King O’Neal The “Do Nothing” Strategy is Risky in Arbitration Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties can put their heads in the sand, choose to “do nothing” and simply
//
-
Honoring Dr. Martin Luther King, Jr.
By Leslie King O’Neal Today we honor the legacy of Dr. Martin Luther King, Jr. His words continue to inspire us to work for peace, justice and equal rights for all. “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny.
//
-
We Wish You A Merry Christmas!
The Construction ADR Toolbox wishes everyone a joyous holiday season and a happy new year. We are taking a short break, but we’ll be back in the new year with more news and insights about what is happening in the world of construction ADR. See you next year!
//
-
Three Construction Arbitrators Discuss “Sticky” Issues in Arbitration
By Leslie King O’Neal The Alabama Bar Construction Section 12th Annual Construction Law Summit is in the books. I was pleased and honored to be on a panel with my old friends (and experienced arbitrators), Allen Gibson[i] and Harper Heckman.[ii] We discussed a variety of common “sticky” issues that we’ve seen in arbitrations—everything from AI
//
-
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
//
-
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 some interesting and insightful ADR books worthy of a place in that tote
//
-
GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
By Leslie King O’Neal Ex Parte Emails Inappropriate & Unethical It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written ex parte communications with parties or counsel to prevent motions to vacate the
//
-
FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the FAA or state arbitration law applies when there is a transaction involving interstate
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (5)
- "settlement privilege" (2)
- ADR (4)
- arbitration (55)
- arbitration award (22)
- arbitration clauses (16)
- arbitration rules (13)
- artificial intelligence (14)
- attorney's fees (1)
- case management (6)
- confidentiality (8)
- construction law (2)
- discovery in arbitration (4)
- dispute prevention (1)
- dispute review boards (3)
- diversity (1)
- evidence (2)
- FAA (14)
- FAC (2)
- insurance (4)
- international arbitration (1)
- mediation (26)
- mediation preparation (13)
- mediation privilege (2)
- mediation statements (4)
- multi-party mediation (8)
- neutral evaluation (5)
- private judge (1)
- privilege (4)
- reconciliation (1)
- RUAA (1)
- sanctions (2)
- Uncategorized (14)
- vacating arbitration awards (15)
- witness statements (6)
Recent Posts
Tags
"guided choice" mediation "manifest disregard of law" "settlement privilege" AAA AI AI arbitrator arbitration arbitration awards arbitration rules arbitrator contract interpretation arbitrators fashioning equitable awards artificial intelligence bias case management confidentiality FAA FAC good faith international arbitration mediation mediation preparation mediation statements multi-party mediation neutral evaluation pleading in arbitration private judge reconciliation state arbitration law vacating arbitration awards witness statements