Clifford Shapiro is a Chicago-based national arbitrator and mediator with extensive experience handling construction claims and insurance disputes.
In the following Q&A, he shares insights drawn from his practice, including trends he is seeing in the field and practical perspectives for parties and practitioners alike.
Q: Tell us about your background in construction law or the construction industry.
I have been a construction lawyer for more than 37 years, including 23 years as the leader of construction law practice groups at nationally prominent law firms. I have handled and resolved virtually every kind of claim or dispute that can arise out of a construction project. I am also known for my experience with construction-related insurance issues and disputes. Since 2021, I have been working solely as a mediator and arbitrator. I am based in Chicago and actively handling matters throughout the United States, both in person and on virtual platforms.
What types of construction disputes do you typically handle as an arbitrator or mediator? I typically handle complex construction disputes that often involve multiple parties and related insurance coverage issues. The construction claims typically involve industrial construction, construction of hospitals or office buildings, or larger scale residential construction. The claims often involve construction defect and/or design defect/professional liability claims, as well as claims for delay, disruption, acceleration, liquidated damages, extra work, etc. In addition, the claims often involve insurance claims or issues, including those arising out of commercial general liability (CGL) policies, “wrap” insurance policies, builder's risk and other first-party property insurance policies, and professional liability policies.
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? I became a big fan of mediation and arbitration for resolving construction disputes while I was in private practice. I continue to think mediation, when done correctly, is an excellent dispute resolution process. If a construction claim must go to trial, I think arbitration is almost always a better option than trial in court. I value that the AAA provides an excellent platform for both mediation and arbitration, and I appreciate that the AAA provides both support during the ADR process and continuing education.
What advice do you have for parties preparing for arbitration or mediation in complex construction disputes? It is critical for parties and their counsel to understand mediation is a process, not an event. My goal at every mediation is to create the opportunity for negotiating a reasoned and reasonable settlement by creating and providing a dispute resolution process that enables the parties to engage in informed and realistic risk assessment. I encourage counsel and the parties to collaborate with me and each other up front to develop and implement an appropriate mediation process specifically for their dispute. I also encourage the parties to anticipate that I will actively engage with them before the mediation and at the mediation as both a facilitative and, when appropriate, evaluative mediator.