With over three decades of experience, Giovanni Ruscitti has built a reputation as a leader in construction law, complex commercial litigation, arbitration, and corporate law. As a co-founder of Berg Hill Greenleaf & Ruscitti LLP (BHGR), he has held numerous leadership roles—including Chairman, General Counsel, and Chair of the firm’s Construction Practice Group—and played a pivotal part in the firm’s national expansion during his tenure as Managing Partner from 2016 to 2023. Known for his strategic and cost-effective approach to legal challenges, Giovanni represents a wide range of high-profile clients and is widely recognized by The Best Lawyers in America® for his work in arbitration and other areas. In addition to his practice, he serves as an arbitrator and mediator through the American Arbitration Association® (AAA®) and is a Fellow of the College of Commercial Arbitrators.
From career milestones to key developments in ADR, Giovanni shares insights shaped by decades of experience at the forefront of the legal profession.
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?
Giovanni: I was drawn to mediation because I believe it’s the most effective way to achieve resolutions that work for everyone when approached thoughtfully. I primarily mediate complex construction disputes, including multi-party defect claims, delays, disruptions, EPC and design-build projects, and issues involving everything from hotels and industrial facilities to infrastructure and energy projects. I work with owners, contractors, subcontractors, suppliers, design professionals, insurers, and sureties, with disputes ranging from hundreds of thousands to hundreds of millions of dollars. I also mediate commercial matters involving breach of contract, fraud, fiduciary duty issues, insurance bad faith, corporate governance, M&A, IP, franchise, and employment disputes. My mediation style is particularly effective for complex, multi-party cases.
Q: What inspired you to become a mediator, and how did you come to join the AAA® ’s mediation panel?
Giovanni: While well-intentioned, the trial court system is not ideal for resolving complex commercial disputes. High costs, the varying experience and expertise of fact finders, and rigid rules of evidence often hinder the discovery of what truly happened and what a fair outcome should be. Arbitration is better but can have limitations. In reality, no one truly "wins" at trial or arbitration—time, expense (attorney, expert, and ESI costs), mental energy, and business disruption often outweigh any perceived victory, leaving parties frustrated and disempowered.
What drew me the AAA mediation panel—is its focus on dialogue, mutual understanding, and the collaborative creation of solutions, rather than rigid legal judgments. Mediation recognizes that conflict is a natural part of human interaction and, through open communication, offers a constructive path to fair, practical resolutions.
Q: What do you find most meaningful or rewarding about your work as a mediator with the AAA?
Giovanni: I love rolling up my sleeves, spending time with the parties, and understanding their true goals and needs (as opposed to their "wants"). I also appreciate when parties thank me for listening to them, while ensuring they fully understand the risks if the dispute is not resolved.
Q: How do your previous experiences in legal practice, public service, or another area inform your approach to facilitating resolution between parties?
Giovanni: I am not a fan of the traditional mediation approach, where parties select a date, submit briefs and show up without ever speaking to the mediator. This often wastes the first half of the day and forces decisions based on artificial deadlines rather than true needs.
From my experience as a lawyer, I know most commercial disputes are resolved based on business realities, not simply who is right or wrong. Every mediation is different, with each party bringing unique goals and expectations. However, everyone wants to be heard and to settle if it meets their objectives. I tailor the mediation process to fit the needs of each case.
I use a combined Guided and Evaluative approach, starting with a robust pre-mediation phase to ensure the parties have the information needed to assess risk and work toward resolution. I build relationships, exchange key information when needed, and design a process suited to the dispute.
Through ex parte sessions with parties, counsel and experts, I can quickly: identify the main factual, legal and emotional issues; understand true goals and objectives; and uncover the hidden or unknown pieces of information that, once uncovered, can fundamentally alter the course of discussions or the outcome of a negotiation. This process often replaces traditional mediation statements.
I first act as a facilitator, helping parties focus on business interests and settlement opportunities. If needed, I shift to an evaluative role, offering insights into how a trier of fact may view the case.
I seek innovative, practical solutions and use various techniques—including mediator’s proposals—to break impasses. Finally, I view mediation as an ongoing process, continuing efforts even through trial or arbitration if a settlement remains achievable.
Q: What advice would you offer to parties or their counsel to help them prepare effectively for mediation?
Giovanni: Mediation is not a forum to "win" your case; it is a forum designed to find a fair resolution that works for all parties. After we spend time in our one-on-one sessions—where you will have the opportunity to explain why you believe you would win at trial—it's time to put the swords away and focus on reaching a fair resolution that meets everyone's needs. When participants buy into this approach, the chances of settlement are high—my mediation success rate is well over 90%.
Resume
For more information on Giovanni Ruscitti’s professional background, view his resume.