Albert Bates, Jr., a partner in the Construction Practice Group of Pepper Hamilton, and Michael P. Subak, a partner and chair of the Construction Practice Group of Pepper Hamilton, will be speaking at the 2018 AAA Construction Conference on "Adapting Dispute Resolution Strategies to Today’s Complex Construction Projects."
Mr. Bates will speak on the 10:15 AM panel titled "What Arbitrators Expect from Schedule and Damages Experts." This session provides counsel with practical insights from seasoned arbitrators and advocates on the ways in which arbitrators consider and evaluate expert testimony. Issues to be explored include: the influence of expert testimony on arbitrator decision making; how arbitrators resolve competing schedule analyses or methodologies; the ways in which experts influence the evaluation of complex damages issues, such as loss of productivity or constructive acceleration; and, presenting expert testimony in the way that is helpful to the decision maker.
Mr. Subak will speak on the 1:30 PM panel titled "Lawyer Ethics: What Clients Need and Want in Construction Arbitration." Construction arbitration is fundamentally different from litigation because it is a choice-based process supervised by expert decision makers in a private setting. However, many clients don't receive the benefits of arbitration because some lawyers treat the process just like litigation and don't emphasize the opportunities for choice. In an innovative and challenging program, our panel makes the case that when it comes to ethical responsibilities regarding arbitration and private dispute resolution, the Rules of Professional Conduct need to be read in light of the special characteristics of arbitration and ADR—creating standards that reflect the best current practice and are more likely to provide satisfactory experiences for clients.