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Bob Rubin, Construction Disputes, Avoidance and Resolution. Bob (Robert A.) is widely regarded for his five decades' experience in complex construction disputes avoidance and resolution. He is Adjunct Professor, Columbia University, faculties of Law and Civil Engineering. He is a member of the New York State Bar and is a licensed Professional Engineer in New York. He received a Bachelor of Civil Engineering from Cornell University and a Juris Doctor from Columbia University. Bob is Past President of the American College of Construction Lawyers; Past President of the Dispute Resolution Board Foundation; a Fellow of the College of Commercial Arbitrators; and a member of the National Academy of Construction. He is a member of the AAA Construction Mega Project Arbitrator and Master Mediator Panels.
Mr. Rubin has mediated approximately 100 construction cases over the past 20 years. Parties have included public and private owners, developers, general contractors, construction managers, architects, engineers, sub-contractors, vendors, sureties, lenders, and insurers.
Construction cases mediated have included the following issues: delay damages, failure to perform, owner interference, design errors, differing site and subsurface conditions, defective materials and workmanship, design-build, water intrusion, construction failures and collapse, default and termination, liability and property insurance coverage, payment and performance bonds, safety, changes and extra work, and contract interpretation.
Well over half the cases mediated have involved three or more parties.
Mr. Rubin’s view of the mediation process is to empower the parties to resolve disputes themselves, with respect and dignity. He believes the mediator’s role should initially be that of a facilitator, but that the mediator should be prepared to serve as an evaluator upon request of the parties. His general approach to mediation is first to encourage the parties to enter into informal discovery by exchanging information and relevant documents. Next, the parties are asked to prepare a position statement to be given to the mediator in advance of the mediation and exchanged with one another. The mediation generally starts with a plenary session at which each party makes an oral presentation of its position, lasting 30 minutes to 2 hours, depending upon the complexity of the issues and the amount in dispute. The parties are encouraged to use as the presenters persons having first hand knowledge of the facts, rather than attorneys or consultants. Next the parties are separated into different rooms and the mediator goes from one room to the next discussing with each party the strengths and weaknesses of its case and settlement proposals. Through that process, Mr. Rubin attempts to achieve a mutually acceptable settlement of the dispute. He expects each party to have in attendance at the mediation a person with settlement authority and for those persons and their attorney to be committed to remain throughout the entire mediation.
Construction
$550/hr. Hourly rate includes study time.
Furnished upon request.
Mr. Rubin is co-author of New York Construction Law Manual, 2016 Ed., Thomson/West; Construction Claims: Prevention & Resolution, 3rd Ed., John Wiley & Sons, 1999; Chapters on "The Mediator" and 'Dispute Review Boards and Other Forms of Construction ADR", ABA Forum on Construction Law, 2014.
AAA / ABA / ACR Model Standards of Conduct for Mediators
IMI Professional Conduct Assessment Process
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