Myths about construction arbitration persist because, unlike court, arbitrations are usually private. The hearings and awards are not typically open to public viewing or comment. Some common myths are: “arbitrators always split the baby”; “there is no discovery in arbitration”; or “arbitration costs as much as litigation”. However the myths are not borne out by the facts. This webinar will discuss the facts which disprove common myths about construction arbitration. It will show how construction attorneys can enhance their effectiveness by using tools such as dispositive motions, efficient discovery techniques, and selection of construction-savvy arbitrators. The speakers include experienced construction arbitrators and a vice-president of a major ADR provider.
Edward Lozowicki is a well-known Arbitrator & Mediator specializing in Construction, Energy, Real Estate and Commercial cases. He has served as Panel Chair, Panel Member or Sole Arbitrator in many cases including large multi-party disputes with damages in the nine figures. He serves on the panels of the AAA, CPR, FINRA and the California Public Works Arbitration Program. Ed is a Fellow of the Construction Lawyers Society of America, the College of Commercial Arbitrators, and the Chartered Institute of Arbitrators. He was Co-Chair of the Arbitration Committee of the ABA Dispute Resolution Section and is now a member of the Governing Council of the Section. Previously he was a business trial partner at three international law firms and has over 35 years' experience as a trial lawyer. He has tried many cases before judges, juries, arbitrators and administrative agencies.
Michael Powell is a vice president at the American Arbitration Association® (AAA), the global leader in dispute resolution services, and manages the Los Angeles regional office. Michael heads up the AAA Construction Division—western region, with direct responsibility for eleven states in his district. In this role, he interacts with AAA clients who file construction, real estate, environmental cases, and the panelists who serve as arbitrators and mediators in those cases. He also trains new AAA arbitrators and aspiring mediators in basic to advanced case management techniques. Michael also works closely with construction industry organizations and associations as liaison for the AAA’s National Construction Dispute Resolution Committee (NCDRC). In this capacity, he assists the corporate, legal, and public sector communities by educating them on the most current dispute avoidance and resolution techniques.
Alan Wilhelmy has devoted his 34 years in the practice of law to representing parties in the construction process including public and private owners, contractors of all types, design professionals and materials suppliers. He has considerable public works experience on highways, tunnels and bridges, water treatment plants, pipelines, jails, schools and performing arts projects. He has been a member of the AAA Construction Industry panel of arbitrators for 24 years and has served on many Large and Complex Case panels. He also serves on the California Public Works Arbitration Panel. He is a long time member of the AGC of California Legal Advisory Committee. Alan is a Fellow of the Construction Lawyers Society of America. He is on the AAA panel of mediators and serves on several Superior Court mediation panels.