Company: Shapiro Dispute Resolution LLC
Office Location: Chicago, IL
Email: clifford@shapiroadr.com
Website: www.shapiroadr.com
Law School: George Washington University, JD 1982
Affiliated ADR Organization: AAA National Panel - Construction and Commercial Claims
Types of ADR services offered: Arbitration & Mediation
Geographic area served: United States
Q: Describe the path you took to becoming an ADR neutral.
A: I have been a construction litigation attorney for more than 35 years, and for the past 13 years I was an equity partner and chair of the Construction Law Practice Group at Barnes & Thornburg, an AmLaw 100 firm with 20 U.S. offices. In that capacity, I handled just about every kind of construction claim that exists, and I worked to resolve those claims through litigation, arbitration, and mediation. About five years ago, I decided to become an arbitrator and mediator. I spent quite a bit of time obtaining formal and informal training, and I was selected by the American Arbitration Association to be a member of its National Roster of Neutrals for construction and commercial claims.
Q: What percentage of your current legal practice is spent on ADR work?
A: As of January 1, 2021, I am working 100% as an arbitrator and mediator. I primarily handle complex construction disputes and related insurance claims, as well as commercial disputes.
Q: Mediators are oftentimes described as “facilitative,” “evaluative,” or “transformative.” Do you have a style?
A: Each mediation is different, but generally I begin mediations in a more “facilitative” role and progress to a more “evaluative” role when it is appropriate to do so. Particularly if a party requests it, I will share my thoughts about the risk analysis of the claim.
Q: What should attorneys and their clients take into consideration when selecting a mediator?
A: I think subject matter expertise is important in construction cases. Also, in a complex, multi-party case, it helps to have a mediator who has successfully handled those kinds of claims both as an advocate and as a mediator. It can also be important for the mediator to understand and be able to handle the numerous kinds of insurance issues that often arise in connection with construction claims.
Q: Are virtual mediations as effective as in-person mediations? Do you anticipate that mediations will continue to be conducted virtually post-pandemic?
A: I handled quite a few virtual mediations and arbitrations during the pandemic, and they were all successful. Frankly, I was surprised at how well these proceedings worked. However, as we move out of the pandemic, most counsel and parties are telling me they want to have in-person mediations and arbitrations again, or at least to have “hybrid” proceedings at which the key parties and counsel appear in person and other participants can appear virtually.
Q: What role do you think videoconferencing will play in the arbitration landscape post-pandemic?
A: I now regularly use video conference technology for preliminary meetings. Particularly with respect to mediations, I highly recommend having a virtual meeting with counsel and the key client representatives for each party in advance of the first mediation session. These meetings almost always provide important information that is not found in the written submissions, and they are a great way to begin the process of building the trust and respect that is critical to a successful mediation. In addition, these meetings often make it possible to forego having opening statements or presentations at the start of the mediation.
Q: Can you describe one of the more notable arbitration matters that you have handled?
A: The most memorable case I had this past year was a AAA arbitration matter where I served on a panel for a large, complex dispute that involved more than 40 different construction claims exceeding $35 million in claimed damages. The dispute arose out of a luxury apartment building project and involved more than five parties. The claims were presented to the panel during two weeks of live hearings in St. Louis and then three weeks of virtual hearings via Zoom during the pandemic. The panel issued a 46-page award.
Q: What are some of your interests or hobbies outside of your ADR Neutral practice?
A: I am a road bike cyclist (who used to be faster), and I play acoustic and electric guitar. My wife and I also like to visit our grown daughter and her family, and we like to travel.
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