Kenneth Rubenstein is a construction attorney and neutral with over 20 years of experience resolving disputes across public and private projects.
A second-generation construction professional, he brings both hands-on industry insight and legal expertise to his work.
Q: Tell us about your background in construction law or the construction industry.
I came to this work honestly—my father and mother are both in the construction business. Before becoming an attorney, I worked in construction management and cost estimating, which gave me a strong grounding in the realities of building and budgeting. For over 20 years, I’ve represented clients on both public and private projects across the industry.
One thing that’s particularly important to me as a neutral is creating a customer-driven forum. Arbitration and mediation should be about the parties’ convenience, not the lawyers. I push very hard for civility early in the process to set the stage, establishing expectations for behavior and communication. The goal is a client-convenient process where both parties are held accountable.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
I handle commercial and public construction disputes, including multifamily housing, hospitals, warehouses, energy projects, and roads and bridges. I’ve also dealt with challenges like tariffs, union issues, and workforce disputes. My focus is always on finding a practical balance that resolves the conflict while ensuring compliance with state and federal regulations.
Q: What drew you to ADR work in the construction space? What do you value most about serving as a neutral?
I thrive on solving problems—figuring out the problem and building a path to resolution.
ADR is like construction itself: you must build consensus and set a solid foundation to create durable outcomes. Being a neutral allows me to apply my experience to help parties move past conflict, fairly and efficiently.
Q: What advice do you have for parties preparing for arbitration or mediation in complex disputes?
Keep it focused and quantifiable. Separate the story from the key factors and damages. Parties that clearly articulate and document their positions, sticking to the elements that matter, are the most persuasive.
Q: What do you hope to achieve in conflict resolution?
I want both sides to feel heard and understand why the outcome was what it was. Everyone may not agree, but they should be able to follow the logic behind the decision. Transparency and fairness are central, and I emphasize the same lessons when teaching students at Boston University: the goal is always to be fair and ensure the parties understand the reasoning behind the resolution.