Drawing on nearly four decades in construction law, Eileen Diepenbrock brings extensive knowledge and insight to the AAA® Construction Panel. Over the course of her distinguished career, she has worked closely with both public agencies and private contractors, advising on projects ranging from local community development to large-scale, multi-billion-dollar infrastructure initiatives.
Known for her balanced perspective and deep understanding of both technical details and contractual complexities, Eileen excels as an arbitrator and mediator dedicated to fair, efficient outcomes.
She shared her experiences and offered valuable perspectives on the shifting landscape of construction and dispute resolution.
Q: Tell us about your background in construction law or the construction industry.
Eileen: I have been practicing construction law for nearly 40 years. I primarily work for clients in the public sector, including state and local public agencies and school districts, as well as construction contractors who build their projects. The projects have ranged from small vertical projects to complex multi-million-dollar heavy infrastructure projects to college campus wide developments exceeding $2 billion. I help our clients with all aspects of the projects from drafting and negotiating contract documents to bidding issues to resolving disputes during the projects to handling disputes involving, for example, differing site conditions, delays, payment disputes, defective work and terminations, through formal dispute resolution by arbitration or trial.
Q: What types of construction disputes do you typically handle as an arbitrator, or mediator?
Eileen: I handle a wide range of construction disputes as an arbitrator or mediator, including disputes involving delays, extra work, differing site conditions and defective work, from simple to high profile projects.
Q: What drew you to ADR work in the construction space? What do you value most about serving as a neutral?
Eileen: From my extensive experience representing both owners and contractors in construction disputes, I have seen the benefit of understanding each side’s perspective. When the parties can understand the other side’s point of view, it opens up a variety of possible creative resolutions. As both an arbitrator and mediator, I enjoy working with the complex legal and factual issues in construction disputes in a more expeditious and cost-effective manner that traditional litigation. I have found that the parties also appreciate my background and the ability it has brought me to fairly quickly grasp the issues, as well as understand a competing viewpoint, so the focus can be on the heart of the dispute.
Q: What advice do you have for parties preparing for arbitration or mediation in complex disputes?
Eileen: In my view, one of the key benefits of using an experienced construction attorney as an arbitrator or mediator for these disputes is that the neutral already brings a strong substantive background of knowledge. This allows the parties to get into the key issues more efficiently. Preparing for arbitration, though, is still different from preparing for mediation. In the former, the parties should be prepared to have all of their technical information organized and cleanly presented. The parties also should remember that arbitration is not litigation; therefore, deposition-style examination during the hearing is neither necessary nor helpful. It is also important to clearly present the issues they believe are required for decision. Therefore, I value closing arguments and/or briefs in lengthy arbitrations so each side can tie the supporting evidence back to the arguments.
In mediations, the parties should come with a clear understanding of each side’s positions, as well as an openness to considering them so that there are no surprises. In complex cases, it is helpful to have a pre-mediation conference to plan out the preparation, including any necessary document exchanges. The parties also should remember that mediation is about compromise, not about winning the party’s case.
Q: What do you hope to achieve in conflict resolution?
Eileen: As a mediator, I hope to help the parties find a resolution that each side can accept, having gone through a thoughtful and respectful process to get there. I try to provide as much insight as possible, both substantively and from the perspective of compromise, to help the parties get there. As an arbitrator, I am not afraid of making difficult decisions, and I strive to provide a thoughtful decision, so the parties fully understand the basis for the decision.