With more than three decades of experience as a top litigator and trial attorney in the construction industry, Benjamin Trachtman has seen the courtroom from every angle. Today, he brings that hard-earned expertise to the mediation table, helping parties across California and the U.S. resolve complex construction disputes with clarity, collaboration, and efficiency.
In this Q&A, Benjamin shares insights from his transition to mediation, the nuances of construction conflict resolution, and what it takes to guide high-stakes negotiations to a successful outcome.
Q: Can you tell us about your professional background—what led you to mediation, and what areas of law or types of disputes you’ve worked with most frequently?
Benjamin: Most of my career as an advocate was spent prosecuting and defending complex commercial construction disputes involving payment, performance, and design or construction defects. In many of these cases, the legal and expert fees ballooned to nearly match the amounts actually in dispute—an outcome that was both inefficient and avoidable. Time and again, I saw how these costly results could have been prevented with the guidance of a capable and committed mediator.
Q: What inspired you to become a mediator, and how did you come to join the AAA’s mediation panel?
Benjamin: Throughout my advocacy career, I have mediated hundreds of matters—many of which, unfortunately, ended without resolution. One recurring challenge in the industry has been the shortage of skilled construction mediators. Those who were truly effective were often booked solid and difficult to schedule. Recognizing this gap, I believed that my extensive experience, distinctive personality, and straightforward approach could meaningfully contribute to the field while also offering me a renewed sense of professional purpose.
A few years after I was invited by Mike Powell of the AAA to serve on the Large Complex Case Construction Arbitration Panel, I joined AAA’s mediation panel. When I first met with Mike to discuss the arbitration role, our conversation evolved into a deeper discussion about mediation. By the end of our exchange, Mike strongly encouraged me to consider joining the mediation panel as well. His confidence in my abilities ultimately led me to take that step.
Q: What do you find most meaningful or rewarding about your work as a mediator with the AAA?
Benjamin: The most rewarding aspect of my work is successfully resolving difficult or contentious disputes and knowing—with absolute certainty—that I’ve spared the parties immeasurable stress, wasted time, and the significant costs of litigation. In most cases, these disputes would have dragged on without a truly satisfactory outcome for either side.
Q: How do your previous experiences in legal practice, public service, or another area inform your approach to facilitating resolution between the parties?
Benjamin: I was known throughout my litigation career for being aggressive yet tactful, with a direct, no-nonsense communication style. My approach was to cut through the posturing, address my adversary’s arguments head-on, and offer candid, objective feedback—all in pursuit of the best outcome for my client. It was a strategy that brought consistent success.
I bring that same direct mindset to mediation. The construction industry is filled with strong-willed, “Type A” personalities who expect honesty and command respect. I’m not here to make friends—I’m here to resolve disputes through any tactful means necessary. I often hear colleagues complain that some mediators are “too soft” to be effective. That’s never been the case with me. As my daughter once said, “Dad, not everyone likes you—but they all respect you.”
Q: What advice would you offer to parties or their counsel to help them prepare effectively for a mediation?
Benjamin: First, come to mediation prepared to participate meaningfully. Ensure you’ve gathered solid evidence to support your claims or defenses and shared it with the mediator in a pre-session brief. Ideally, bring knowledgeable witnesses to the session. Most construction mediations don’t begin with bargaining—they start with a focus on facts and credibility. The more informed
I am before we begin, the more efficiently I can cut through the noise, highlight key strengths and weaknesses, and move both sides toward meaningful negotiation. This helps avoid the all-too-common impasse where one or both parties refuse to engage further due to lack of evidence.
Second, I expect attorneys to have already walked their clients through realistic “if/then” scenarios, including the risks of no resolution—even if they believe they have the stronger case. I’m not here to affirm how great your case is; any mediator can do that.
Finally, parties should be coached to manage their emotions. It’s almost certain they’ll hear things from the other side that are inaccurate or even offensive. Remaining patient and focused on the process is essential to reaching a productive resolution.
Resume
For more information on Benjamin Trachtman’s professional background, view his resume.