AGENDA

Thursday, June 8, 2023

8:00-8:30 Continental Breakfast

8:30-8:45 Welcome & Introductions
Michael R. Powell, Vice President, Construction Division, American Arbitration Association^®

8:45-10:00 Breakfast with General Counsel – Collaborating to Minimize Risk from the Construction Team Perspective
During the execution of a project, parties can become entrenched in the process of sending notices and protecting contract rights, oftentimes leading to a dysfunctional construction team.

In this session, we will hear from General Counsel on ways owners, general contractors, subcontractors and designers can partner in a collaborative environment to maintain project timelines, effectively mitigate risk and potential litigation, while protecting individual contract rights.

Faculty:
David Hecker, Group General Counsel – Claims and Litigation, Kiewit Corporation; Omaha, NE
Celestina Jimenez, Vice President General Counsel, RK Industries; Denver, CO
Charlotte P. Scaglione, General Counsel, DEPCOM Power; Scottsdale, AZ
Marian Selvaggio, Vice President and General Counsel, Rudolph and Sletten, Inc; San Carlos, CA R.
Craig Williams FAIA, RIBA, Chief Legal Officer and Principal, HKS Architects, Inc.; Dallas, TX

Session Moderator:
Giovanni Ruscitti, Berg Hill Greenleaf & Ruscitti LLP; Denver/Boulder, CO

10:00-10:15 Break

10:15-11:15 Risky Business: Construction Disputes as Risk Management Problems
For in-house counsel and their internal clients, construction disputes are risks to be managed. Under both the AAA^® Construction Industry Arbitration Rules and Mediation Procedures and the ICDR^® International Dispute Resolution Procedures there are important decision-points at which risk analysis needs to happen: arbitrator selection, information exchange, and evidence presentation, to name a few. This program draws upon experts in both complex construction arbitration and enterprise risk management to “bridge the gap” between law and management in the arbitration of construction disputes.

Faculty:
Lisa Colon, Saul Ewing LLP; Fort Lauderdale, FL
Troy L. Harris, Harris Arbitration; Detroit, MI
Lauren McLaughlin, Smith Currie; Tysons, VA
Michael P. Subak, Troutman Pepper; Philadelphia, PA

Session Moderator:
Michael A. Marra, Vice President, Construction Division, American Arbitration Association

11:15-12:15 The New AAA DARB Rules – Changes and New Opportunities
The American Arbitration Association has issued new rules and procedures for Dispute Avoidance and Resolution Boards (DARBs). This session will explore how to use AAA’s new DARB process effectively to avoid and resolve disputes during construction in a cost effective, timely, and efficient manner.

Faculty:
Adrian L. Bastianelli, III, Peckar & Abramson, P.C.; Washington, DC
Ernest C. Brown, Ernest Brown and Company; San Francisco, CA
Cherrie K. Fisher, PMP, Supply Chain Manager, NTT Global Data Centers Americas, Inc.; Irving, TX
Roberto Hernandez-Garcia, COMAD, SC; Mexico City, Mexico

Session Moderator:
Michael R. Powell, Vice President, Construction Division, American Arbitration Association

12:15-12:35 Visions for the Future of the American Arbitration Association
The Hon. Bridget M. McCormack, newly appointed President and CEO of the American Arbitration Association and Former Michigan Supreme Court Chief Justice, will provide her vision for the future of the organization and for the field of ADR.

Faculty:
Hon. Bridget M. McCormack, President and CEO, American Arbitration Association

12:35-1:45 Lunch

1:45-2:45 Game Changer Takeaways in Construction Dispute Resolution
The things we think and say or do not say can often have an impact on a successful outcome for your client. This session will explore the best practices for managing construction projects from start to finish and how it may affect the presentation of your case if there is a dispute.

Faculty:
Ronald J. (R.J.) Chleboski, Jr., DFL | Legal; Pittsburgh, PA
Brittany C. Cooperrider, Andrews Myers; Houston, TX
Neal Eiseman, Eiseman ADR LLC; New York, NY
Dr. Anamaria Popescu, PE, PSP, PMP, Managing Director, BRG; Pine, CO

Session Moderator:
Rod Toben, Vice President, Construction Division, American Arbitration Association

2:45-3:00 Break

3:00-4:00 Incorporating International Arbitration Techniques into Domestic Arbitration Proceedings
There is an increasing implementation of international arbitration practices and strategies into domestic arbitration cases. In most scenarios practitioners are looking to improve the efficiencies and economies of process to counterbalance the reverse from the adoption of U.S. litigation practices. International arbitration offers many practices that can improve a domestic proceeding. Faculty in this session will discuss and distinguish procedural hearings, document exchange and management, evidentiary hearings and more.

Faculty:
Daniel E. González, Hogan Lovells US LLP; Miami, FL
Nathan O’Malley, Musick Peeler; Los Angeles, CA
Paul A. Varela, Varela, Lee, Metz & Guarino, LLP; Tysons Corner, VA
Wendy K. Venoit, Cozen O’Connor; Boston, MA

Session Moderator:
Steven K. Andersen, Vice President, International Centre for Dispute Resolution^®

4:00-5:00 Ethics Issues with Virtual Hearings and Document Production
Join this panel to discuss points of ethical concern that have arisen as a result of the new virtual world. The panel will discuss a variety of cutting edge issues, including matters to be raised at the preliminary hearing, challenges posed by discovery of Electronically Stored Information, the duties of counsel and arbitrators in virtual arbitrations proceedings and hearings, and due process issues raised by virtual hearings. This discussion will expand the audience’s knowledge on ethical compliance with respect to virtual proceedings and the electronic age.

Faculty:
Michael J. Bayard, Construction ADR Services; Los Angeles, CA
Karen P. Layng, President, M.A.I.T. Co; Chicago, IL
Brenda Radmacher, Akerman LLP; Los Angeles, CA
Richard J. Tyler, Jones Walker LLP; New Orleans, LA

Session Moderator:
Iman Hyder-Eliz, Vice President, Construction Division, American Arbitration Association

5:00-5:15 Closing Remarks
Michael A. Marra, Vice President, Construction Division, American Arbitration Association

5:15 Cocktail Reception