Resources for Construction Lawyers and ADR Professionals
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…
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…
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.
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…
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…
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…
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…
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…