Best Practices For Utilizing the AAA's Alternative Dispute Resolution Services-Best Practices For Utilizing the AAA's Alternative Dispute Resolution Services

Video Transcription

Video Summary

The session focused on drafting and using AAA arbitration provisions effectively, especially under Ohio law. Celia Shnoop explained why arbitration can offer more control, confidentiality, and finality than litigation, but warned that it is not always the best fit for every industry or contract. She emphasized clear drafting: use precise language, make arbitration terms obvious, choose whether clauses are broad or narrow, and avoid ambiguity around mediation steps, venue, governing law, number of arbitrators, and fee allocation.<br /><br />She highlighted recent Ohio cases showing that courts strongly favor enforcing clear arbitration agreements and generally will not act like an appellate court to reweigh facts. The speakers also discussed practical issues such as waiver, service, discovery limits, subpoenas, joining multiple parties, and the need to track changing AAA rule sets.<br /><br />Lauren Kerr then walked through AAA procedures in real property and construction disputes, including expedited tracks, arbitrator selection, discovery, awards, and mediation requirements. She also described AAA’s new AI arbitrator pilot for limited document-only construction cases, while both speakers expressed caution about its novelty and possible enforceability risks. The Q&A covered common filing mistakes, arbitrator selection strategies, cost issues, and when arbitration may be too risky or expensive, especially for consumers.

Keywords

AAA arbitration

Ohio law

arbitration clause drafting

confidentiality

arbitrator selection

mediation requirements

construction disputes

AI arbitrator pilot

enforceability risks