R. Carson Fisk is a shareholder at Andrews Myers and is based in Austin, Texas. An actively practicing attorney, he is Board Certified in Construction Law by the Texas Board of Legal Specialization and represents construction industry participants in both contentious (e.g., claims, litigation, arbitration) and non-contentious matters (e.g., contract drafting and negotiation, best practices counseling). Also an active arbitrator and mediator, he is a Fellow of the Chartered Institute of Arbitrators and a credentialed mediator with the Texas Mediator Credentialing Association.
R. Carson brings deep experience and generational perspective to the resolution of complex construction disputes. We asked him how his background—both as a practicing advocate and neutral—informs his work on the AAA Construction Panel.
Q: Tell us about your background in construction law or the construction industry.
R. Carson: My father, Hollye Fisk, was a prominent construction attorney, representing architects and engineers. I basically grew up hearing about his cases and watching him at hearings, and later worked seasonally at his law firm. In law school, I took a construction law course taught by William Allensworth and Matt Sullivan and thoroughly enjoyed the subject. I have practiced construction law exclusively since my first day of practice.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
R. Carson: I handle construction cases across all market sectors and involving all types of claims, including multi-party cases. Defects/deficiencies, delays, disruptions, and payment disputes are the most typical.
Q: What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA’s Construction Panel?
R. Carson: The idea of being a judge always appealed to me, but I also enjoyed working as an advocate. Serving as an arbitrator allowed me the flexibility to tap into the role of a decision maker while continuing to work as an advocate, all within the practice area that I focus on. Helping parties resolve their disputes, with the parties controlling the outcome, also appealed to me. Thus, I began to mediate disputes as well. Serving as an advocate, arbitrator, or mediator makes one better with respect to serving in those other roles. So, I was drawn to the ADR space given the flexibility that it provides and the diversity for my practice. The AAA is the preeminent arbitral institution in the United States, staffed by an incredible team with sensible and clear rules. I greatly value the range of opportunities provided by serving as a neutral with the AAA.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
R. Carson: Parties should understand that arbitration is not litigation. Very often, the arbitrator will be at least generally informed as to the construction processes involved or governing law. Matters do not need to be overly explained as might be required at a jury or bench trial. And scorched earth tactics and theatrics may (sometimes) work in litigation, but they are less likely to work in arbitration.