2018 American Arbitration Association Construction Conference

February 2018

Lawyer Ethics: What Clients Need and Want in Construction Arbitration.

Construction arbitration is fundamentally different from litigation because it is a choice-based process supervised by expert decision makers in a private setting. However, many clients don’t receive the benefits of arbitration because some lawyers treat the process just like litigation and don’t emphasize the opportunities for choice. In an innovative and challenging program, our panel makes the case that when it comes to ethical responsibilities regarding arbitration and private dispute resolution, the Rules of Professional Conduct need to be read in light of the special characteristics of arbitration and ADR—creating standards that reflect the best current practice and are more likely to provide satisfactory experiences for clients.


*    Peter Dessau, Miller Morton Caillat & Nevis, LLP; San Jose/Newport Beach, CA

*    Marilyn Klinger, SMTD Law LLP, Salamirad • Morrow • Timpane • Dunn; Los Angeles, CA

*    Thomas J. Stipanowich, Professor of Law, Pepperdine University; Dean, Straus Institute for Dispute ResolutionPepperdine University School of Law; Malibu, CA

*    Michael Subak, Pepper Hamilton LLP; Philadelphia, PA

2018 American Arbitration Association Conference: Adapting Dispute Resolution Strategies for Today’s Complex Construction Projects

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