What's Up in Division 1 (No. 12)

After a little bit of downtime this summer, Division 1 back to planning upcoming events and programs.  For those construction litigators, mediators, arbitrators, or other neutrals, now is the time to revisit your business plan and give Division 1, which specializes in construction litigation and dispute resolution, a try.  

We have lots of opportunities to write, speak, and plan events (in-person and virtual).  I am super excited to serve as Division 1's Chair for the next two bar years and I look forward to growing our division and building the level of our engagement.  But, we cannot do it alone.  Please review some of the upcoming opportunities and contact me if you want to learn more (rtdunn@PierceAtwood.com).

Some of Upcoming Division 1 Opportunities

• TODAY, Sept. 23 at Noon Eastern.  We are holding our next Toolbox Talk Series on Examining the GC's Project Manager.  This is a casual 30-minute zoom discussion led by two excellent discussion leaders from Division 1 and our friends at Division 9.  Join us today! Zoom Meeting info for the program is below:

https://americanbar.zoom.us/j/92804834893?pwd=K00vSUNYdzl5TG96a0E5OTU5Mkptdz09

Meeting ID: 928 0483 4893

Passcode: 292788

• NEXT WEEK, Sept. 30th and Oct. 1.  The Forum is putting on in-person (6 cities) and virtually the Fundamentals of Construction Law and Sticks and Bricks CLEs -- both excellent programs. Register here or by clicking on the image below:

• October 13 @10AM PT - Division 1's Planning Retreat.  We hold a planning retreat each year where we think about what we are doing as a division and planning for the bar year.  This year we are doing it at the Fall Meeting in Seattle, WA.  We will have virtual access as well.  Please email me if you want an invitation.  
  
  
• October 13-15 - Fall Meeting in Seattle.  The meeting is on construction project management. This program is available both in-person and virtually. Register here. 

• D1 Neutral Directory and Feature Series. If you want to be added to our directory of neutrals and/or be featured by our blog team, The Dispute Resolver,  reach out to me.  Marissa Downs did an excellent job of featuring D1 members, Kenneth Kupchak, Patricia Thompson, and Gregory Gillis, in recent months.  Thanks Marissa! 

•  The Dispute Resolver.  If you want to be published, contact me or blog lead editor, Catherine Delorey (cdelorey@grsm.com).  If you just went through a trial, arbitration, mediation, or other litigation/ADR adventure, this is a greaet place to share your lessons learned.  

• Concepts Committee. We appointed a committee, led by Joe Imperiale, to arrive at program concepts / initiatives for upcoming Forum meetings.  This is how Forum programs get planned and scheduled.  If you have program ideas, please reach out to me or Joe (joseph.imperiale@troutman.com).  We are looking to finalize our concepts by early November.

• Upcoming TTS Programs.  We hold our TTS programs on the 4th Thursday of every month at 12PM ET.  These are 30 minute programs led by one or two discussion leaders on a specific topic of interest for D1 members.  If you want to propose a topic, please contact me or Jade Davis (jadavis@shumaker.com). 

I am looking forward to an excellent 2021/2022 bar year with you all.  I am very excited to see many of my Forum/D1 Friends in person in Seattle next month.  I am bringing some new D1 swag to pass out at the meeting! 

Thank you for your interest and involvement in Division 1.  

Meet D1’s Neutrals Series: GREGORY P. GILLIS

 

Company: Sacks Tierney P.A.

Location: Scottsdale/Phoenix, AZ

Email: greg.gillis@sackstierney.com

Websites: https://www.sackstierney.com/attorneys/gillis.htm

https://www.nadn.org/greg-gillis

Law School: University of Nebraska – Lincoln - BA 1982; JD 1986

ADR Services Offered: Arbitration & Mediation

Affiliated ADR Organizations: AAA & National Academy of Distinguished Neutrals

Geographic Area Served: Arizona/the Southwest

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Q: Describe the path you took to becoming and ADR neutral.

A: I was a 30-year construction and commercial litigator. Attorneys and others kept asking if I wanted to become a judge because of my temperament. I always responded no because I enjoy practicing law but it started me thinking about ADR. I received ADR training, served as a judge pro tempore in our trial level court conducting settlement conferences. I applied and was accepted onto the AAA’s Construction, Commercial and Consumer Panels. I discovered I liked alternative dispute resolution as much as I liked practicing law and now, I have the best of both legal worlds.

Q: Describe your background and experience mediating construction cases?

A: As all Forum members know construction law is a unique practice area and not learned overnight. When I first started practicing, our firm represented a large material supply company. That client led to more construction-related cases involving payment disputes and construction defect claims. Having litigated these types of cases provides the breadth of knowledge and experience to mediate complex construction disputes. My background causes me to be more of an evaluative mediator frequently identifying issues parties may not have realized they may face. This can lead to a negotiated resolution where one might not have been achievable otherwise.

Q: What should attorneys and their clients take into consideration when selecting a mediator?

A: Not all mediators are right for all cases. Counsel should consider the following things when selecting a mediator:

1. The type of dispute. Select a mediator with industry specific knowledge.

2. Consider the parties. Different parties respond differently to different mediators. Do the parties need a forceful or collaborative mediator?

3. Consider the mediator. This is the corollary to consider the parties.

4. Talk with others about the reputation of any given mediator to confirm you select the right neutral.

Q: What experience do you have arbitrating construction cases?

A: I have been an AAA Construction Panel Arbitrator since 2015. Since then, I have arbitrated construction cases involving a municipal sewer line installation, commercial HVAC system, flooring installation, as well as single and multi-homeowner construction defect claims.

Q: What measures do you take as an arbitrator to ensure arbitration is less costly and more efficient to litigation?

A: I think timing and discovery limits are the key to a less costly and more efficient arbitration. First, I review the ADR provision to see what the parties agreed to and then strive to preserve their agreement. If both counsel and their clients agree, I will grant some latitude for discovery. No one wants to be surprised at arbitration, but arbitration is designed to avoid overturning every stone like litigation. Any discovery allowed is typically with limits as to number and time. Reducing delay and costs of discovery will help ensure that arbitration is more efficient and less costly than litigation.

Q: What role should traditional rules of evidence play in the arbitration hearing?

A: Most arbitrators are current or former litigators so are familiar with the Rules of Evidence. I think arbitrations are streamlined by not requiring the formality of the Rules of Evidence without sacrificing the integrity of the process. Arbitrators typically understand the weight to be given to evidence that may have been excluded in a hearing conducted pursuant to the Rules of Evidence.

Q: What role do you think videoconferencing will play in the arbitration landscape post-pandemic?

A: One positive from COVID-19 was the common adoption of videoconferencing and video appearances at hearings. There is no substitute for live testimony where the witness is present and you can “see” the witness and all their nonverbal cues. I think, if at all possible, counsel and the parties should be present, but videoconferencing is here to stay. It is hard to justify the cost of flying witnesses or experts to the location of the hearing to testify for an hour or two.