James Guyer is a graduate of the Georgia Institute of Technology, Civil Engineering, with a Master of Laws focused on International Dispute Resolution from the University of London. He's been an active member on Dispute Boards for over twenty years.
He has also been an active mediator and construction arbitrator for over thirty years, having served on numerous and diverse arbitrations and domestic and international dispute boards both as the chair or member. We asked him how his expertise informs his approach on the AAA Construction DARB panel.
Q. What types of construction disputes do you typically handle as an arbitrator or mediator?
All types of disputes, as a DRB, DAB, DAAB, and DARB member. Typically, the same as an arbitrator – many involving contract interpretation.
Q. What drew you to ADR work in the construction space? What do you value most about serving as a neutral?
I like helping people resolve tough issues. This was a natural progression from working as a contractor filing claims, on the owner side defending claims, and as a construction claims expert packaging claims and testifying.
Q. What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Keep an open mind to the shortcomings in your own case, with an ear to resolving your situation. As a start, always strive to have a DRB, DAB, DAAB, or DARB (all really the same as they are focused on dispute avoidance) set up before the project begins. This "insurance" will save many headaches, a lot of costs, and likely you will finish the job in less time and with less cost.
Q. What do you hope to achieve in conflict resolution?
The first step is believing that it will happen and then always providing the parties that belief that they will implement conflict resolution.
Q. How has your experience with dispute avoidance resolution boards (DARBs) shaped your approach to managing and resolving construction disputes, and what value do you believe these boards bring to the overall dispute resolution process?
Serving as a DARB practitioner as a member and as a chair (president), I have seen DARBs’ success on many domestic and international projects, such as but not limited to roads, bridges, 19-story (multi story) buildings, schools, airports, and flood control (that saves lives).