Posted on Jan 27, 2021 |News


“Construction defect claims often evolve into one of the most complex, expensive, unwieldy and exasperating types of litigation. Numerous parties, extensive documentation, never-ending depositions and competing experts have the potential to cumulatively present all the negative of the litigation process in one setting. Mediation provides the most effective route for parties to gather, air and resolve the wide range of disparate interests presented, short of years of expensive and ultimately unsatisfying litigation” 

– Richard P. Byrne, Esq.


Richard P. Byrne, Esq. Hearing Officer for NAM (National Arbitration and Mediation) with name written under

New York, NY (January 27, 2021) – NAM (National Arbitration and Mediation), one of the nation's leading providers of Alternative Dispute Resolution (ADR), is pleased to announce that Richard P. Byrne's article, Construction Defect Claims: A Mediator's Perspective, was recently published in the Winter, 2020-21 edition of the Defendant, the journal for the Defense Association of New York (DANY).

In the article, Mr. Byrne, draws upon his many years of experience as a litigator and neutral and addresses how Mediation should be considered as an “alternative route” to expensive and often time consuming litigation when resolving construction defect disputes.

First and foremost, Mr. Byrne states that, “parties and their issues need to be aggregated as means to organize the litigants and identify those with commonality.” The Mediator should begin with a basic breakdown of the parties' role on the project and often include the owner/developer, general contractor, subcontractors, design vs. construction, experts and insurance coverage. When all of these issues are considered together, Mr. Byrne acknowledges how Mediation becomes increasingly attractive. He explains, “It is the only forum where all parties' respective interests can be addressed in one setting. Now that is not to say that the road is easy – even the mechanics of Mediation itself can be daunting. Great advance work needs to be employed in order to coordinate and address the issues in an effective fashion as a means by which the foundational goals can be identified and, hopefully, achieved.”

To read Richard Byrne's article, Construction Defect Claims: A Mediator's Perspective, click here.


About the Author

Richard P. Byrne, Esq., has mediated issues in a wide variety of specialty areas, including commercial matters, employment discrimination claims, employment contract disputes, construction litigation, complex personal injury and property damage claims, together with insurance, reinsurance and risk transfer matters. Mr. Byrne has earned the distinction of being voted a Top 3 Mediator in the United States for the sixth straight year in the 2020 National Law Journal Best of Survey.  Further, for the past six years, he was ranked a Top 10 Mediator by the New York Law Journal Best of Survey.  He was also voted a Top 3 Mediator by the 2018 Corporate Counsel Best of Survey and for the third straight year, was named a National Law Journal Alternative Dispute Resolution Champion, as part of a select group of only 46 Neutrals nationwide.  He has been awarded an A-V rating by Martindale-Hubbell, the highest rating available, based on its peer review process. Mr. Byrne is available to mediate cases throughout the United States.

Meet Richard P. Byrne, Esq.