Donald G. Gavin, Esq.
755 Potomac River Road
McLean, VA 22102
Hourly Rate $595
Current Gavin ADR, LLC - Arbitrator-Mediator
Practice 20
Cases 50
Languages English
Gavin ADR, LLC - Arbitrator-Mediator
Commencing in March 2017 neutral Arbitrator and Mediator at Gavin ADR, LLC; Senior Shareholder, Akerman LLP, 2006-2017; Co-Founder/Shareholder, Wickwire Gavin, P.C., 1974-06; Junior Partner/Associate, Lewis Mitchell & Moore, 1972-74; Captain, Judge Advocate General's Corps, U.S. Army, 1968-72; Judicial Law Clerk, Philadelphia Trial Court, 1967-68.
Has mediated a large number of construction disputes involving private industrial facilities and commercial and residential construction, with claims valued from $10,000 to $750 million. Principal mediator for the Pennsylvania Avenue Development Corporation and the GSA, and the Ronald Reagan International Center Project in Washington, D.C., the largest in the Capital since the construction of the Pentagon.
Has mediated disputes between owners and general contractors; owners, design professionals, and general contractors; and general contractors and subcontractors. Cases have involved major building, industrial, infrastructure, process piping, retail, and manufacturing facilities, including issues of delay damages, failure to perform, alleged financial impropriety, default, construction defects, ambiguous specifications, and application of relief-granting contract clauses. Has also mediated many other significant construction-related disputes.
Has been an advocate in mediation for approximately 20 years and at various times represented every party to the construction process in over 50 mediations.
The mediation process is an alternative to the more formal process of litigation and arbitration. It should function to be less expensive and faster, yet maintain the decision-making power with the parties. While being absolutely neutral, the mediator's role is to actively promote and achieve a settlement, not simply carry offers between the participants. The mediator must employ various methods to achieve these results, including providing confidential assessments privately to the participants, giving the benefit of experience as to what might occur in a formal arbitration or litigation, and the cost and time involved in proceeding.
Bradfute W. Davenport, Jr., brad.davenport@troutmansanders.com, (804) 697-1311; Joseph S. Luchini8, jluchini@reedsmith.com, (703) 641-4274; P. Thomas Gard, tom@dominion-project.com, (703) 443-2600.
ACE20 Cyber Security: A Shared Responsibility, 2020; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Best Practices In Commercial Arbitration, 2017; AAA Top Techniques for Improving Arbitration Case Management Efficiency Before and During the Hearing, 2016; AAA, “People Skills” and Mediation - Improving Communication and Avoiding Chaos 2015; AAA Webinar, Scope of the Arbitrator’s Authority: Granting Interim and Final Relief, 2013; AAA The Extent (or Limit) of Mediator Influence, 2013; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; AAA Fall Construction Conference: Planning Resolution Strategies, 2010; Faculty, ICDR 8th Annual Miami International Arbitration Conference: Resolving International Construction Disputes, 2010; ICDR 6th Annual Miami International Arbitration Conference, 2008; AAA Construction Mediation Conference: What You Can't Not Know, 2007; American College of Construction Lawyers, Private Dispute Resolution: Best Practices for Mediation, 2006; AAA Dealing With Delay Tactics in Arbitration ACE04, 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2005; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2004; AAA International Arbitration Symposium, 2003; AAA Arbitrator Update, 2003, 2002; AAA Construction Industry Arbitrator II Training: Advanced Case Management Issues, 2001; AAA Construction Arbitrator Training, 1996; Solomon Publications, Mediation Training, 1996; AAA Basic Arbitrator Training.
Admitted to the Bar: Pennsylvania, 1967; District of Columbia, 1972; Virginia, 1973; U.S. District Court: District of Virginia; District of Maryland; District of Pennsylvania; District of Columbia; U.S. Court of Appeals: Federal, Fourth, Fifth, Ninth, and Eleventh Circuits; U.S. Court of Federal Claims, 1977; U.S. Supreme Court, 1973.
International Bar Association (Arbitration, Mediation and International Construction Projects Committees); American College of Construction Lawyers (Fellow); International Academy of Construction Lawyers, (Fellow); American Bar Association (Public Contract Law Section, Past National Chair, Past Council Member; (Fellow); Tort and Insurance Practice Section, Fidelity and Surety Law Committee, Past Vice Chair); American Bar Foundation (Fellow); Federal Bar Association; Bar Association of District of Columbia (U.S. Court of Federal Claims Committee); United States Court of Federal Claims Bar Association (Past Board of Governors); International Mediation Institute (IMI) Certified Mediator; Chartered Institute of Arbitrators of London.
University of Pennsylvania (BS, Economics-1964; JD-1967); George Washington University (LLM, Government Procurement Law-1972).
Recipient of the Outstanding Service Award from the U.S. Court of Federal Claims and Marguis "Who's Who" Lifetime Achievement Award.
Federal Government Construction Contracts, Co-Author "Differing Site Conditions," 3rd Ed., American Bar Association, Forum Committee on the Construction Industry, 2017; American College of Construction Lawyers, Laguna Beach California, "Alternative Dispute Resolution -- A View From the Tribunal", February 20, 2016; Sixth Society of Construction Law International Sao Paulo Brazil Biennial Conference, "Ethics and Compliance In the Construction Industry", September 4, 2016; Canadian College of Construction Lawyers, Washington, D.C. "Construction Scheduling Trends: Shared Perspectives: What Works and What Doesn't", May 20, 2015; International Bar Association, Tokyo "Three Mile Island, Chernobyl, Fukushima: Lessons Learned and Being Learned", October 20, 2014; ADR in Construction, United States, Co-Author, IBA ICP 2014; Construction Law International "Scheduling (Programme) Analysis", Vol. 7-3 October 2012; International Arbitration Seminar Speaker on Case Management and on Effective Advocacy, February 20, 2012, Washington, D.C.; Construction Law International "Defects in construction projects – current issues" Part I, Vol. 5-4, December 2010, Part 2, Vol. 6-1, March 2011; 8th Annual Miami International Construction Arbitration Conference, ICDR, AAA and AAAU, Speaker, "ADR Perspectives for International Construction Projects," March 22, 2010; American Bar Association, Forum Committee on the Construction Industry, TIPS Fidelity and Surety Law Committee, and Public Contract Law Section, San Francisco, CA, Speaker, "False Claims and Compliance, Government Construction Contracting," January 28, 2010; International Bar Association Conference, Madrid, Spain, Speaker, "Nuclear Power Projects: Minimizing Project Cost Growth and Delay," October 5, 2009; GETTING THE DEAL THROUGH - CONSTRUCTION IN 31 JURISDICTIONS WORLDWIDE, Law Business Research, 2009; "Trends in Public Procurement of Legal Services 2007," International Bar Association, Singapore, October 15, 2007; "Risk Management and Dispute Resolution: The Latin American Experience," Construction SuperConference, San Francisco, December 8, 2006; "Legal and Contractual Issues Raised by Disasters and Potential Disasters," International Bar Association, Chicago, September 20, 2006; "Public Works Projects," Chapter 8, Bond Default Manual, American Bar Association, Fidelity and Surety Law Committee of the Tort Insurance Practice Section, 3rd edition, 2005; "Differing Site Conditions," FEDERAL GOVERNMENT CONSTRUCTION CONTRACTS, Forum Committee on the Construction Industry, American Bar Association, 2003; "Developing, Constructing, Operating and Securing Energy Power Projects," Forbes Magazine and Andrews Pub., San Francisco, April 17, 2002; "Disruption Claims," Chapter 3, PROVING AND PRICING CONSTRUCTION CLAIMS, Aspen Law and Business, 3rd ed., 2001; "Virginia," Chapter 48, 50 STATE CONSTRUCTION LIEN AND BOND LAW, Aspen Law and Business, 2nd ed., 2000; "Alternative Dispute Resolution," Forum on the Construction Industry, American Bar Association, San Francisco, CA, January 27, 2000; "Initial Rewards and Risks of Construction Contracting with Foreign Governments," Institute for Government Innovation, November 9, 1999; "The Surety's Management of the Complex Surety Case," Chapter 2, Managing and Litigating the Complex Surety Case, American Bar Association, Tort and Insurance Practice Section, 1998; "Acting as the Project Neutral," GSBCA Judges' Conference, January 14, 1998; "Inspection, Acceptance, and Warranties," Chapter 17, CONSTRUCTION SUBCONTRACTING, Wiley Law, 1991; "The Project That Doesn't Work: The Functional Failure and Who is Responsible," Chapter 11, CONSTRUCTION FAILURES, Wiley Law, 1989; "Representing the Public Owner," Chapter 8, CONSTRUCTION DEFAULTS, Wiley Law, 1989; "Government Construction Contracting," FEDERAL PUBLICATIONS, INC., 1985-1987; "Current Issues and Project Management," CONSTRUCTION YEAR IN REVIEW, Federal Publications Inc., 1985-1999.
$595 Per Hour
English
United States of America
McLean, VA

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.