Albert Bates Jr., Esq

Albert Bates Jr., Esq. Hourly Rate $725 Current Troutman Pepper Hamilton Sanders LLP – Partner, Construction Group Leads Pepper Hamilton International Construction Projects Team FCIArb Practice Has acted as an arbitrator since 1989, and has acted as a mediator since 1999. Cases More than 60 cases since 1999. Languages English

Current Employer-Title Troutman Pepper Hamilton Sanders LLP – Partner, Construction Group Leads Pepper Hamilton International Construction Projects Team FCIArb

Work History Partner and Int'l Construction Projects Team Lead, Troutman Pepper Hamilton Sanders LLP, 2016 – Present (f/k/a Pepper Hamilton LLP); Chairman of Construction Group, Duane Morris LLP, 2013 – 2016; Partner, Duane Morris LLP, 2007 – 2016; Partner, Reed Smith LLP, 2000 – 2007; Shareholder/Associate, Babst Calland Clements & Zomnir P.C., 1993 – 1999; Associate, Eckert Seamans Cherin & Mellott, 1987 – 1993.

Experience as a Mediator Served as mediator since 1999 and has mediated approximately 60 cases. Mediation matters have ranged from matters with approximately $100,000 in controversy to complex, multi-party matters with more than $100 million in controversy. Most of the cases mediated have involved claims on construction projects, including industrial facilities, transit projects, sewage treatment facilities, hotels, office buildings, schools, convention centers, hospitals, renovation and redevelopment projects, retail, and warehouse projects. Has also mediated indemnification obligations, asset purchase cases, breach of warranty, supply contracts, and defective product cases, as well as claims against design professionals. Mediated matters involving domestic, multi-national, and foreign entities, as well as both closely held and publicly traded companies.

With respect to construction projects, has mediated claims involving general contractors, manufacturers, component and/or equipment suppliers, subcontractors, developers, public and quasi-public agencies, architects, engineers, and specialty contractors on public and private projects.

One of the attributes brought to bear as a mediator has been a strong background and understanding of complex engineering and technical issues. In addition to an educational background in economics and finance, has gained significant knowledge in various engineering and scientific disciplines by representing clients in the construction, manufacturing, refining, and environmental remediation industries over the past nineteen years. The ability to quickly grasp complex technical issues has often been important in mediations dealing with complex construction, engineering, environmental, or other technical contractual disputes.

Additional information available at https://imimediation.org/member/albert-bates/.

Representative Issues Handled as a Mediator With respect to construction disputes, has mediated the full range of issues that arise on construction projects, including: quality of work, scope of contractual obligations, extra work claims, delay, disruption, inefficiency, loss of productivity claims, differing site condition, variation in estimated quantities, and other scope claims, claims against design professionals, fatigue and failure issues, product defect issues, insurance coverage issues, payment act claims, bonding issues, contractual and statutory limitations of liability, enforceability of exculpatory provisions in contracts, breach of warranty claims, and various other issues that arise on construction projects. With regard to general commercial disputes, has mediated indemnification claims, representation and warranty claims, product defect claims, industrial equipment performance issues, fraud and related matters.

Years of Practice as a Mediator Has acted as an arbitrator since 1989, and has acted as a mediator since 1999.

Total Number of Cases Mediated More than 60 cases since 1999.

Mediation Experience as an Advocate or Party As an attorney, has primarily been engaged in the litigation and arbitration of construction claims, asset purchase and indemnification agreements, and other complex technical and contractual disputes since 1987. The dominant element of current practice has been in domestic and international construction projects, representing EPC, design-build, turnkey, and general contractors, sub-contractors, suppliers, owners, developers, public agencies, architects, engineers, designers, and specialty contractors involved in public and private (commercial, heavy/highway, industrial, and institutional) projects. Involved with various types of projects, including involvement with transit projects, hotels, mixed use facilities, commercial office buildings, schools, public use facilities, airports, entertainment complexes, theme parks, retail complexes, industrial facilities such as steel mills, power plants, treatment facilities, pharmaceutical and chemical plants, turn-key projects, bridges, and heavy and highway projects. Has experience with environmental matters involving responsibility among potentially responsible parties, contribution and indemnity, risk assessment, consent decrees, and cost recovery. Also has significant experience with "legacy liabilities" under assumption and indemnification provision in asset purchase and other agreements, and significant experience with corporate governance issues and breach of fiduciary duty claims.

Mediation Philosophy Mediation is a consensual process. It is the role of the mediator to engage the parties in meaningful discussion in order to facilitate an amicable resolution of the matter. This typically involves assisting the parties in determining the issues in dispute among them, removing the obstacles to communication, and positively reinforcing the progress that is being made while seeking to minimize any ill- will among the parties. Since the process is a flexible one that is more art than science, the nature of each mediation varies, and the approach to resolution is dependent upon the parties, the party representatives, their counsel, the amount in controversy, the nature of the issues, the complexity of the issues, the presence of unsettled issues of law, technical issues about which competent experts can differ, and a host of other issues. The skills of the mediator, including judgment, credibility, personality, and demeanor, legal and technical competence, creativity, experience in the industry, experience in facilitating resolution of disputes, perceptiveness, ability to listen, analyze, and filter information, and other skills, are brought to bear to assist the parties in communicating about the disputed issues and ultimately in resolving their dispute. One of the goals of a good commercial mediator is to ensure that each party has fully assessed all of the risks presented by the dispute. Consequently, in some situations, the mediator may also be called upon to act as an evaluator, challenging the legal, factual, and technical positions and assisting the parties in assessing the reasonable range of outcomes, the risks of moving forward in the litigation or arbitration process, and the economic and opportunity costs associated with an arbitration or litigation outcome.

Mediation References Available upon request.

Alternative Dispute Resolution Training 2021 AAA-ICDR Panel Conference; ACE20 Cyber Security: A Shared Responsibility, 2020; 2019 Construction SuperConference; FACULTY AAA/ICDR/AAA Mediation.org Panel Conference, 2019; 2018 AAA Construction Conference; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; Faculty AAA Construction Conference: Navigating the Unique Aspects of Construction Arbitration, 2017; AAA 2016 Construction Conference: Ahead of Schedule and Under Budget (Faculty), 2016; Faculty, AAA Construction Conference – Keeping Arbitration Lean, 2015; AAA The 31st Annual Joint Colloquium, NY, 2014; Faculty, AAA The Dynamics of Multi-Party Mediation for Large,Complex Construction Disputes 2014, 2011; Faculty, AAA Conducting Research & Investigations: The Arbitrator's Authority; ACE09, 2014; Faculty, AAA Principled Deliberations, 2014; AAA Managing the Costs of Exchanging ESI, 2013; Faculty, AAA Construction Conference: Cutting Construction Arbitration Costs Without Compromise, 2012; Faculty, AAA/ICDR Neutrals Conference, 2012; College of Commercial Arbitrators Annual Meeting, 2011; Faculty, AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; ICDR International Symposia in Advanced Case Management Issues, 2011; Faculty, AAA Spring Construction Conference, Mediation: It's Not New, So What's Next?, 2011; AAA Construction Dispute Resolution in the U.S.: International Techniques That Can Be Used Domestically, 2010; Faculty, ICDR 8th Annual Miami International Arbitration Conference: Resolving International Construction Disputes, 2010; Faculty, AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009; AAA, Managing the Parties' Expectations: Best Practices in Arbitration, 2009; Faculty, AAA/ICDR Neutrals Conference, 2009; Faculty, AAA Construction Conference: ADR Works, 2008; NCDRC, Annual Meeting, 2007; Faculty, AAA Arbitration Roadmap: The Standard for Efficient and Cost Effective Arbitration, 2007; Faculty, AAA Construction Mediation Conference: What You Can't Not Know, 2007; ICDR International Commercial Arbitration and Mediation Conference, 2006; ICDR, The International Arbitration's Deliberations and Determinations, 2006; Faculty, AAA Dealing with Delay Tactics in Arbitration ACE04, 2006; U.S. District Court, W. D. Pa., Alternative Dispute Resolution Pilot Program Neutral Training, 2006; Faculty, AAA Neutrals Conference, 2005; Faculty, Arbitration Ethics and Disclosure, 2004-present; Faculty, AAA Arbitration Advocacy, 2002-present; AAA Arbitrator Update 2003; AAA Construction Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Commercial Arbitrator Training, 1999; AAA Construction Industry Arbitrator Training, 1997; AAA Fast Track Arbitrator Training, 1996; various other ADR training. For more information, please visithttps://www.troutman.com/professionals/albert-bates-jr.html

Professional Licenses Admitted to the Bar: District of Columbia (1988), Pennsylvania (1987); U.S. District Court: Western District of Pennsylvania (1987); U.S. Court of Appeals: Third (1993), Fifth (2003), Sixth (1995), District of Columbia (1997), Eighth (2009), and Eleventh (2002) Circuits; U.S. Court of Federal Claims (1989); U.S. Supreme Court (1995).

Professional Associations In addition to organizations mentioned in Honors and Awards, member of, and active in, the following professional or social associations: former member of American Arbitration Association (Board of Directors); AAA National Construction Dispute Resolution Committee (past Chair); International Mediation Institute (IMI) Certified Mediator; College of Commercial Arbitrators; Allegheny County Bar Association (Construction Law Committee); American Bar Association (Forum Committee on the Construction Industry; Dispute Resolution Committee; Committee on Construction Litigation); International Bar Association; CPR Institute; University of Pittsburgh Panther Club; Wildwood Golf Club; East Liberty Presbyterian Church. For more information, please visit https://www.troutman.com/professionals/albert-bates-jr.html.

In addition, is on the LinkedIn professional network, and generally accepts invitations that are extended to be connected with other professionals. LinkedIn profile, as well as connections, are publicly available at http://www.linkedin.com/profile/view?id=41114633&trk=tab_pro.

Education Vanderbilt University (MBA-1987; JD-1987); Washington and Jefferson College (BA, cum laude-1983).

Awards and Honors Honors include election as a Fellow in the American College of Construction Lawyers, a Fellow in the International Academy of Construction Lawyers, a “Leading Lawyer” in Construction by Legal 500, and a “Band 1” rating in Construction by Chambers USA. Has also been consistently recognized by The Best Lawyers in America in the areas of Arbitration, Mediation, Construction Law and Litigation-Construction, and consistent recognition as a Pennsylvania SuperLawyer by Philadelphia Magazine in the field of construction litigation. In addition, was selected as Best Lawyers' 2010 Pittsburgh Construction Lawyer of the Year, and was named one of Pittsburgh's "Top 50" Attorneys for 2013, 2017, 2019, and 2020 by Pennsylvania SuperLawyer.

For more detail, please see the Activities/Honors Section of my CV at https://www.troutman.com/professionals/albert-bates-jr.html.

Publications and Speaking Engagements Has published extensively on various ADR topics. In addition, is a frequent lecturer for the AAA/ICDR and other educational providers. For a listing of selected speaking engagements and publications, please visit the Insights section of his CV at https://www.troutman.com/professionals/albert-bates-jr.html

Compensation $725 Per Hour

Languages English

Citizenship United States of America

Locale Pittsburgh, PA

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.