ABA Forum on Construction Law Midwinter Conference 2026

JAMS is a proud sponsor of the ABA Forum on Construction Law. This meeting marks the launch of the Forum’s 50th Anniversary Celebration, taking place from February 4 to 7, 2026, at the stunning Ritz-Carlton, Laguna Niguel in Dana Point, California. Explore cutting-edge topics and evolving practices in construction alternative dispute resolution (ADR). 

Featured JAMS Speakers and Attendees: Judge Chad Allred (Ret.), Deborah S. Ballati, Esq., FCIArb, Hon. Gail A. Andler(Ret.), Joe Tirado, Joseph A. Ferrentino, Esq., Joanne Saint-Louis, Kim Taylor, Hon. Nancy Holtz(Ret.), Patricia H. Thompson, Esq., FCIArb, CollArb, Sandy M. Kaplan, Esq., and Thomas J. Stipanowich, Esq.

Featured JAMS Panel Information:

The Future of Construction Arbitration: Perspectives from the Top

February 5, 2026 | 8:30 – 9:45 A.M.  | Plenary 1  

Join us for an extraordinary conversation with two nationally recognized construction lawyers and two powerful ADR leaders—the CEOs of the American Arbitration Association (AAA) and JAMS—to explore the current state of construction arbitration, emerging trends, and evolving best practices in dispute resolution. Through a candid dialogue, our distinguished panelists will share their insights on the systemic challenges impacting arbitration today — including cost, efficiency, consistency, and user trust — and the strategic initiatives underway at their organizations to address them. From technological innovations to procedural reforms and arbitrator training, learn how these institutions are responding to the needs of the construction industry and what lies ahead for construction lawyers, clients, and neutrals alike. This is a rare opportunity to hear directly from the top, and to engage in a forward-thinking discussion about how communication, care, and collaboration can elevate the arbitration process and support project success.

• Bill Andrews, Andrews Myers
• Shelly Ewald, Watt Tieder
• Bridget McCormack, CEO, American Arbitration Association
• Kim Taylor, CEO, JAMS

Beyond Arbitration: Tailoring ADR to the Dispute

February 5, 2026 | 11:15 – 12:15 P.M. | Plenary 3

Disputes in the construction industry are rarely one-size-fits-all, yet traditional arbitration or litigation is often approached as though they were. As projects become more complex, parties are increasingly looking for dispute resolution mechanisms that better align with their needs, values, and project goals. This session explores innovative and underutilized ADR tools such as mediated case management, guided choice mediation, early neutral evaluation, and other hybrid or tiered models. Our panel of experienced practitioners and neutrals will discuss the circumstances under which these alternatives may be a more strategic fit, saving time, reducing cost, preserving relationships, and/or better achieving client objectives. The session will also provide practical guidance on how to incorporate these ADR options into construction and design contracts from the outset, giving clients and counsel more flexibility and control. Attendees will leave with a deeper understanding of how to reimagine dispute resolution, match the “fix” to the actual “fuss”, and appreciate why doing so can lead to more efficient, durable outcomes in today’s high-stakes construction environment.

Moderator:

• Lisa Mingoia  Skanska USA  Building Inc.

Speakers:

• Bruce Alexander, Construction ADR Services
• Thomas J. Stipanowich, Esq., JAMS
• Dean Thomson, Fabyanske Westra  Hart & Thomson

Effective Discovery and Motion Practice in Arbitration. The scope of discovery and motion practice varies widely in arbitration. 

February 5, 2026 | 2:00 – 3:00 P.M.  |  Plenary 4

Although arbitration was originally intended to streamline dispute resolution by limiting both discovery and motion practice, it now frequently involves full-scale discovery—with dispositive motions rarely granted—resulting in costs that rival traditional litigation. Join this panel of seasoned arbitrators and advocates as they examine the benefits and drawbacks of bringing dispositive motions in arbitral proceedings, common missteps in initiating or agreeing to extensive pre-hearing discovery, and how arbitrators view and manage the pre-hearing process (including what drives their decisions). The panel will also discuss what forms of discovery are most effective, best practices in planning and advocating for or against discovery, and strategies for keeping the case on track and proportionate to its size and complexity.   

Moderator:

• Lauren Abeyta, Construction  Discovery Experts

Speakers: 

• Deborah S. Ballati, Esq., FCIArb, JAMS
• John Carpenter, Shimmick Construction
• John Ralls, Ralls Gruber & Niece