Office Location: Norfolk, VA
Email:
Website: https://wrvblaw.com/attorney_/william-e-franczek/
Law School: Syracuse University Law – JD, 1982, Magna Cum Laude, Order of the Coif
Types of ADR services offered: Arbitration, Dispute Resolution Boards and Panels, Mediation and Neutral Evaluations
Affiliated ADR organizations: American Arbitration Association (AAA); International Institute for Conflict Prevention and Resolution (CPR); London Court of International Arbitration (LCIA); International Court of Arbitration (ICC)
Geographic area served: Nationwide
Q: Describe the path you took to becoming an ADR neutral.
A: I have an undergraduate degree in Civil Engineering and a Professional Engineering License in NY and VA. So, when I became a lawyer, I applied for membership in the AAA, and was accepted as a construction neutral in 1987. I now practice construction law and serve as an ADR Neutral in matters across the country and internationally.
Q: Describe your background and experience mediating and arbitrating construction cases.
A: I have been a construction mediator for about 20 years, mostly in matters on the east coast. My background in construction engineering helps with facilitating resolutions, as I believe construction professionals can identify with me and my experiences. As far as arbitrating construction cases, I have handled 250-300 cases in my career. I’ve been fortunate to be involved in some very large matters ($100M+), which are generally handled with 3 arbitrator panels, and before some very good construction lawyers. I currently have 9-10 such matters pending at any given time. More recently, I’ve been involved in several large wind and solar panel energy cases.
Q: What percentage of your current legal practice is spent on ADR work? What do you do when not serving as an ADR neutral?
A: I’d estimate about 95% of my work is now ADR related. I also serve some clients with day-to-day questions, contract reviews and dispute resolution matters.
Q: Do you do neutral work beyond “garden-variety” mediation or arbitration? If so, what additional ADR services do you offer?
A: I do a considerable about of Dispute Resolution Board work, including infrastructure work in Texas, California, Virginia, Maryland and Colorado.
Q: Mediators are oftentimes described as “facilitative,” “evaluative,” or “transformative.” Do you have a style?
A: I try to start cases as a facilitative mediator, but invariably end up providing an evaluation of each party’s cases, to the extent enough information is provided to me to do so.
Q: Are virtual mediations as effective as in-person mediations? What are their advantages/limitations?
A: I think in-person mediation is much better than virtual. Getting face-to-face contact helps develop trust and credibility.
Q: What techniques and strategies do you use to help parties overcome impasse?
A: At the end of the process, I will often offer to provide each party with a separate “mediator’s recommendation” that has sometimes proven to enable resolution of difficult cases.
Q: What should attorneys and their clients take into consideration when vetting and/or selecting an arbitrator?
A: His/her experience in construction, their temperament, and most importantly, recommendations from other lawyers on their experiences with potential candidates.
Q: What advice do you have for parties when considering whether to choose a single arbitrator or a panel?
A: I believe a single arbitrator for cases < $2M is probably wise, just for the cost element. It has been my experience that using the AAA Streamlined Three Arbitrator Option where one of the three handles all pre-hearing matters can be cost-effective. I think you are likely to get a more “negotiated” resolution with 3 arbitrators than just one.
Q: Do you think limits should be placed on discovery in the arbitration context?
A: Yes, definitely. I give the parties a draft Scheduling Order that I have to try to convince them to limit discovery, while at the same time giving them the latitude to provide for the amount of discovery necessary for the particular case.
Q: What are some of your interests or hobbies?
A: Reading, international travel, wildlife and bird watching.
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