The Top 10 Horrible No Good Mistakes Lawyers Make in both Commercial Mediations and Arbitrations

David K. Taylor
David K. Taylor | Bradley Arant Boult Cummings LLP

David has a national construction practice representing all participants in the construction industry. David also has a national practice as a mediator and arbitrator and is a national trainer for the American Arbitration Association.

On-Demand: October 24, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

While most trial lawyers are taught in school about advocacy before trial judges and juries, many commercial contracts contain “alternative dispute resolution” provisions which mandate that commercial disputes go first to mediation and then binding arbitration-all outside of the normal legal system. In addition, many judges require that lawsuits be mediated. However, advocacy in both mediations and arbitrations are frequently overlooked. This presentation by an experienced mediator and arbitrator will focus the attendee on mistakes that he often sees and can be avoided to better represent your clients in these ADR proceedings.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • How to choose the right mediator and arbitrator
  • How to best prepare for mediation and arbitration to get the best results for your client
  • Boneheaded mistakes that lawyers make in arbitrations and mediations

Closed-captioning available

Speakers

David K. Taylor_FedBarDavid K. Taylor | Bradley Arant Boult Cummings LLP

David K. Taylor is a partner in the Nashville office of Bradley Arant and chairs his office’s construction and ADR groups. A graduate of Davidson College and the University of Alabama School of Law, David has a national construction practice representing all participants in the construction industry. David also has a national practice as a mediator and arbitrator and is a national trainer for the American Arbitration Association.

Since 2003, David has been recognized by The Best Lawyers in America® for his work in the area of Construction Law, and has multi-year listings for Alternative Dispute Resolution, Arbitration, and Mediation. Best Lawyers also named him “Lawyer of the Year” in Nashville for Arbitration in 2016 and 2020 and for Mediation in 2015. In addition, David has been listed multiple times in Mid-South Super Lawyers for Construction Litigation.

His law firm’s construction group has been named by The Best Lawyers in America® as the top group in the country in both 2023 and 2024, and Construction Executive Magazine just named his group the best in the country for 2024. David is a prolific writer and lecturer for multiple legal and business groups and has authored a series of highly successful blogs on his firm’s construction group blog.

Agenda

I. How to choose the right mediator and arbitrator | 1:00pm – 1:30pm

II. How to best prepare for mediation and arbitration to get the best results for your client | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Boneheaded mistakes that lawyers make in arbitrations and mediations | 2:10pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Approved for Self-Study Credits
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for CLE Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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