Conducting Construction ADR Proceedings During The Pandemic

A conversation between two experienced JAMS GEC panelists

Kenneth C. Gibbs, Esq., and Andrew Ness, Esq., FCIArb, talk about their impressions from managing and conducting their entire caseload virtually for the last 16 months

Ken: From March 2020 until about June 2021, all of our proceedings, because of the pandemic, were conducted virtually using Zoom or some other platform. It's my opinion that all types of arbitrations and mediations are not created equally, and it's my view that construction claims—i.e. disputes regarding delays and cost overruns on major projects—have some unique qualities. These qualities include large dollar amounts in dispute; substantive legal issues; number of parties; participation of insurers, particularly professional liability carriers; participation of CEOs because of high stakes; and participation of experts with respect to delay and quantum issues.