Mediator Resume

Construction Dispute Solutions – Arbitrator, Mediator The Construction Institute, Inc. – Executive Director

Attorney, Arbitrator, Mediator, Non-Profit Executive Director

Arbitrator & Mediator, Construction Dispute Solutions, 2011 - Present; Executive Director, The Construction Institute, Inc., 2015 - Present; Discovery Dispute Solutions, 2013 - 2016; Owner, General Counsel, and CFO, Greenwald Cassell Associates Inc., 1984 - 2015; Consulting Attorney, Energy and Infrastructure Projects Group, Skadden Arps Slate Meagher & Flom, 1987 - 1992; Associate, Spiegel & McDiarmid, 1981 - 1985.

More than 35 years of experience as a lawyer and construction executive. Legal experience with construction contracts and disputes involving construction projects ranging from nuclear power plants to residential remodeling. Practical construction and business experience as CFO, vice president and general counsel for a major metropolitan Washington, DC residential design-build and general contracting firm, including all aspects of the construction business, from licensing and regulatory requirements to project design and estimating through contract drafting and signing, scheduling, production and job completion as well as extensive experience with subcontracts, financing, insurance and other aspects of construction law, corporate law and employment law. Experience in analysis and understanding of the interests of all players, including contractors, owners, architects, engineers, employees, subcontractors, suppliers, insurers and financing institutions. Conversant with AIA and Consensus contract documents, among others. Has represented minority owners in nuclear power plants evaluating problems of construction cost and schedule overruns in transactional, regulatory and litigation settings, and has represented general contractors and designers in a variety of settings on issues ranging from construction contract disputes to regulatory compliance, to copyright. Has litigated, written briefs and/or presented oral arguments before the US Supreme Court, the US Courts of Appeals, state appellate courts, and federal and state regulatory agencies. Acted as lead attorney in federal and state court and in numerous arbitration proceedings. Construction projects have ranged in value from $100,000 to $5 billion.

Served as a mediator in a variety of construction (both private and public) and commercial disputes. Types of cases mediated include Construction, Commercial Contract, Employment, and Landlord Tenant. Has represented contractors, design/build practitioners and owners as an attorney in multiple construction and commercial mediation cases. Served as motions conciliator in the Circuit Court of Fairfax County, Virginia, conciliating discovery motions in commercial contract, construction, personal injury and real estate cases. Current practice focuses on mediation, arbitration and dispute systems design in commercial and construction transactions and disputes.

Most construction mediations have involved questions of contract interpretation, claims of defective or incomplete work, and payment disputes. Additional issues have included causation, termination for default and convenience, claims for delay, loss of productivity, acceleration, lost profit, unforeseen or changed conditions, allegations of defective plans and specifications, breach of warranties, and calculation of damages. Commercial mediations have included claims for breach of contract, including contracts for professional services. Other experience includes landlord tenant claims and employment claims.

My approach is a practical one. I work actively with the parties to manage the dispute resolution process. I assist them in focusing the legal and factual issues and streamlining the exchange and presentation of information to make the process as well as the outcome as fair and cost-effective as possible. I facilitate opportunities for each party to educate the other concerning the the factual and legal issues underlying their claims. I work with the parties to identify nonlegal but important business considerations that often drive disputes and can provide the key to creative solutions in which both parties can be invested. I am able to assist each party to give their case a reality check and evaluate the strength of the legal and factual issues on which they have placed reliance coming into the mediation. I work with the parties and their attorneys to ensure that participants in the mediation are prepared for the process and able to make the best use of mediation sessions. My expectation is that the parties will enter into the mediation with a joint purpose; that is to work together to craft a workable resolution to their dispute.

Harvard Law School (JD, cum laude-1981); Brown University (Sc.B, magna cum laude-1978).

Admitted to the Bar: Virginia (1992), Connecticut (2025); U.S. Court of Appeals, Fifth Circuit (1983), Ninth Circuit (1984).

Fellow, American College of Construction Lawyers American Bar Association: (1) Forum on the Construction Industry, (Steering Committee, Project Delivery and Construction Technology Division), Contract Documents Division, Dispute Avoidance and Resolutions Sections; (2) Section of Environment, Energy, and Resources; (3) Litigation Section, Committees: Alternative Dispute Resolution and Construction Litigation; (4) Section of Dispute Resolution, Committees: Arbitration, Mediation, Collaborative Law and Women in Dispute Resolution Committee; (5) Business Law Section. Virginia State Bar Association (Construction Law Section) Connecticut Bar Association (ADR and Construction Committees)

Contributing Author, Chapter 1, Representing the Project Owner: A Construction Lawyer’s Guide, American Bar Association (2025). Negotiation Essentials – Presentation at the Construction Institute’s Women Who Build Summit, April 10, 2025 Managing Client Expectations - Presentation at the Connecticut Chapter of the American Institute of Architect’s annual CACX, October 17, 2024 The Neuroscience of Persuasion – Part1 of the ABA Forum on Construction Law Practicum “The Art Of Persuasion: Using Science To Become A More Convincing Advocate”, Annual Meeting, April 10, 2024 Four-part Technology Series: Published in the Surety Bond Quarterly, the magazine of the National Association of Surety Bond Producers. 1. Obstacles to Incorporating Technology into Construction: The BIM Experience. Spring 2023 2. The Digitization and Automation of Construction: AI, Robotics, and the IoT. Winter 2022 3. Why and What You Need to Know About Blockchain and Smart Contracts in the AEC Industry. Fall 2022 4. The Explosion of New Construction Technologies. Spring 2022 Integrated Project Delivery: A Candid Discussion of its Challenges – Presentation at the American College of Construction Lawyers Annual Meeting, January 25, 2023 Power Buttons: Arbitration Can Be Cost-Effective and Faster Than Court – Presentation at the Construction Superconference, December 2022 The Neuroscience of Communication: Skills for Improving Communication, Negotiation and Conflict Resolution – Presented to the UMass FCS Leadership Retreat, November 16, 2022 The Neuroscience of Decision-making – A Tool-box talks presentation to Division 1 of the ABA Forum on Construction Law, April 22, 2022 Role & Integration of Blockchain in Project Delivery – Virtual presentation at the AIA 2022 Project Delivery Symposium Cognitive Bias and Decision-Making – A webinar for the Zip Syndicate, February 16, 2021 BIM, Blockchain and Smart Contracts – ABA Forum on Construction Law Plenary Session, Midwinter Meeting, January 23, 2020 Protocols for Best Practices in Project Communication – ABA Forum on Construction Law Luncheon Presentation, Midwinter Meeting, January 23, 2020 Shaping Tomorrow’s Leaders of the AEC Industry, High Profile, December 23, 2019 Keynote Speaker, Bald Hill Builders Training Retreat, September 16, 2019 Developing a Culture of Communication – Guest Lecturer, Principles in Construction II, University of Connecticut School of Engineering, April 17, 2019 Technology in Construction Contracts: Current Best Practices and Future Challenges, Panelist – ABA Forum on Construction Law Webinar, December 13, 2018 Digital Due Diligence: Ensuring Your Construction Contract Doesn't Set You Up for Technology Heartache, Panelist – ENR Webinar, February 7, 2018 The Future of the Design and Construction Industry: Construction Industry Conversations, Construction Institute (2018) co-editor Contributing Author, Chapter 13, The 2017 A201 Deskbook, American Bar Association (2017) "Transforming a Fractured Industry: Employing ADR Techniques to Improve Collaboration in the Construction Industry, New York Dispute Resolution Lawyer, " (N. Greenwald) NYSBA, Fall 2016, Vol. 9 , No. 3 Co-author, Mediating Discovery Disputes: When “Meet and Confer” Alone is Not Enough, Cardozo Journal of Conflict Resolution, Volume 17.2: Winter 2016 Co-presenter, "Eat the Frog First: Using Damages as an Effective Tool for Dispute Resolution," presented at the 18th Annual Spring Conference of the ABA Dispute Resolution Section, April 7, 2016, NY, NY “Convening the Mediation: What Can and Should Mediators Do When All Parties Haven’t Yet Agreed to Mediate,” Live Webinar for the American Arbitration Association, November 18, 2015

Within one (1) hour travel radius from West Hartford, CT.

Hourly Rate: $425.00 Daily Rate: Not provided Study Rate: $425.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel and accommodations, if required, at actual cost. No charge for travel time except for case related work. Study time, pre-mediation conference(s) and post-mediation follow-up, including deliberation, time at hourly rate. Cancellation fee: 100% of payment is due if cancellation is within 2 working days of commencement of mediation; 50% of payment is due if cancellation is within 5 working days of commencement of mediation.

English

United States of America

West Hartford, Connecticut