Stacey L. Cushner, Esq. is President of BCK Dispute Resolution Services, Inc., based in Boston, Massachusetts. She has served as an arbitrator and mediator for over three decades and is a respected member of Dispute Review Boards (DRBs) for U.S. infrastructure projects valued at over $1 billion. Ms. Cushner previously served as an Assistant Attorney General and Special Assistant Attorney General for the Commonwealth of Massachusetts, focusing on construction matters. She was also a partner at a Boston law firm, where her practice concentrated on construction and employment law.
With over 30 years of experience in construction law and dispute resolution, Stacey brings a deep understanding of complex public and private projects to her work as a neutral. We asked her how this expertise informs her approach on the AAA Construction Panel.
Q: Tell us about your background in construction law or the construction industry.
Stacey: I served as Assistant and Special Assistant Attorney General for Massachusetts, leading litigation on a wide range of public construction projects, including schools, highways, bridges, military facilities, and public housing. I later became a partner at a mid-sized Boston firm, focusing on construction and employment law, representing a broad range of industry clients in projects such as lab buildouts, residential and condo developments, renewable energy (EPC), and cogeneration. Since 1995, I’ve served as a construction arbitrator with the AAA, a role I was drawn to early in my legal career. I’ve also taught and lectured on construction law for CLEs and bar associations. My current practice centers on ADR. I sit on Dispute Review Boards (DRBs) for major infrastructure projects, including serving as Chair of a billion-dollar DRB in New York City and as a member of a rail project DRB in Massachusetts. I'm also being appointed to two additional multi-billion-dollar projects in New York. I've written and lectured extensively on DRBs, served as a Director on the DRBF Region 1 Board (U.S., Canada, Caribbean), and contributed to its Publications Committee. DRBs help keep construction projects on track by resolving disputes in real time and offering advisory opinions when needed.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
Stacey: I’ve had the privilege of serving as an arbitrator in hundreds of construction cases and as a mediator helping parties resolve complex disputes—each one unique and deserving of my full commitment. Projects have included wastewater treatment plants, residential and apartment buildings, power plants, colleges, telecom facilities, big box stores, airports, railways, and renewable energy developments such as solar, wind, and tunneling. Issues have ranged from delay and liquidated damages to defective performance, owner interference, project abandonment, quantum meruit, wrongful termination, architect’s damages, mitigation, betterments, the economic loss rule, contract interpretation, and extra work claims. Violations of the Massachusetts Prompt Pay Act are now increasingly common in arbitration.
Q: What drew you to ADR work in the construction space?
Stacey: ADR works—and it works especially well when counsel and their clients seek a faster, more efficient path to resolution than traditional litigation. I saw this firsthand as a construction litigator and as a lawyer who regularly turned to ADR on behalf of clients. As an arbitrator, I value being fair, neutral, efficient, and detail-oriented—qualities that align well with the demands of complex construction disputes. I genuinely enjoy the process, the intellectual challenge, and the opportunity to collaborate with fellow arbitrators on panels. Truthfully, I’m a construction enthusiast at heart—I find it fascinating to see how things are built and how they function.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Stacey: If you're new to arbitration, take advantage of AAA trainings, learn the rules thoroughly, and don’t hesitate to file motions when needed. Arbitrators are accessible—just copy opposing counsel and the AAA per the Direct Exchange Program. I respect the work counsel puts into their cases, and the AAA and its case managers are excellent resources.
I'm always looking for ways to make arbitration more efficient and cost-effective—whether through expert affidavits, page limits on briefs, or streamlined procedures. In mediation, candor is essential. When clients and counsel are honest about goals and risks, mediation is often successful. But if it’s just a formality, it’s better to waive it and save your client time and money.
When approached with preparation and openness, mediation can be highly effective—and clients are often very satisfied with the results.