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.