Biography
R. Wayne Thorpe, Esq. has acted as mediator, arbitrator, or other neutral in dozens of construction, construction defect, building products, and engineering cases. These include mediations and arbitrations arising from both commercial (private and public) and residential construction disputes, surety cases, construction defect cases, and claims against architects, engineers, and surveyors. Many of these cases present the added challenge of resolving disputes among multiple parties, often with related insurance coverage disputes.
Mr. Thorpe has been a full-time ADR neutral since 1998. He has served as mediator, arbitrator, facilitator, special master, and case evaluator in roughly 2000 cases in at least 15 states, including many high stakes and complex cases, class actions, MDL’s, and other large scale multi-party cases, and more than 500 arbitrations as sole arbitrator, panel chair, or party-appointed arbitrator.
Mr. Thorpe was named by the Best Lawyers in America publication as the 2015 Atlanta Arbitration Lawyer of the Year and the 2012 Atlanta Mediation Lawyer of the Year, and he has been recognized by International Who’s Who of Commercial Mediation, Best Lawyers in America and Georgia Super Lawyers for a number of years.
He is Past Chair of the ABA Dispute Resolution Section, and he has been a leader in ADR ethics and other policy matters both nationally and in Georgia for many years. He has also served as an adjunct professor and guest presenter in ADR courses in several law schools. Before he became a full-time neutral, Mr. Thorpe was a litigation partner in a large Atlanta law firm.
Representative Matters
- Mediation of construction defect case involving major urban redevelopment multi-use project with tens of millions in claims and 10+ subs and 10+ insurers
- Several disputes between large condo homeowner groups and developers and builders over construction and financial issues
- Multi-million dollar dispute over airport runway paving, involving airport authority, general and multiple subcontractors
- Mediation of litigation between developer of golf course residential development and engineers concerning responsibility for multi-million dollar wetlands remediation issues
- Litigation between owner and general over renovation of bakery plant
- Dispute between large private academic institution, builder, and geotech engineers concerning alleged failure to properly compact soils for classroom building
- Dispute between manufacturer and boiler repair business over quality of repairs on industrial scale boiler
- Multi-party arbitration concerning steel erection in cinema facility
- Numerous cases involving construction runoff issues, including nuisance, trespass, negligence, and Clean Water Act claims including claims against owners, developers, builders, and governments
- Nuisance, trespass, and “toxic tort” claims against owners and others arising from quarry blasting, industrial plant noise, plant odors, etc.
- Several lawsuits against architects, engineers, and surveyors for professional liability
- Claims against sureties
- Commercial parking lot paving dispute
- Dispute between general and fireproofing subcontractor over completion and quality of work issues
- Dispute between owner and general contractor over renovation of church
- Homeowner claims against builders/sellers for various construction defects
- Hotel construction dispute
- Lawsuit between electrical contractor and supplier on North Carolina highway project concerning alleged deviation from product specs on traffic light equipment; claims for delay damages
- Lawsuit between electrical subcontractor and supplier concerning responsibility for compliance with “Buy-America” requirement
- Lawsuit involving apartment complex security system
- Lawsuits between developer and engineers concerning quality of engineering work and licensing of supervising engineers
- 2017 Recipient of The Chief Justice Harold G. Clarke Annual Award, presented by the Georgia Supreme Court Commission on Dispute Resolution and the State Bar of Georgia Dispute Resolution Section, In Recognition of His Outstanding Contributions to Dispute Resolution in Georgia
- Co-Author, What Is…ADR in Health Care Disputes?, ABA Book Publishing (Health Law Section), 2015
- Recognized as one of the Best Lawyers in America, 2019-2022
- Identified by The Best Lawyers in America as the 2020 Atlanta Arbitration Lawyer of the Year
- Identified by The Best Lawyers in America as the 2015 Atlanta Arbitration Lawyer of the Year
- Identified by The Best Lawyers in America as the 2012 Atlanta Mediation Lawyer of the Year
- Named in International Who’s Who Legal, Mediation; Georgia Super Lawyers; and The Best Lawyers in America for several years
- ABA, Dispute Resolution Section. Section Chair, 2010-2011; Officer or Member of Section Council, 2001-2012; Co-Chair, ABA Task Force on Improving Mediation Quality, 2006-2008; Drafting Committee, Model Standards of Conduct for Mediators, 2003-2005
- Liaison from DR Section to ABA’s Ethics 2000 Commission (providing testimony on the Model Rules of Professional Conduct provisions relating to mediation and arbitration), 2000-2002; Chair, ABA DR Section Ethics Committee, 1997-2002
- Member, Georgia Commission on Dispute Resolution, 1997-2002, appointed by Supreme Court of Georgia
- State Bar of Georgia, ADR Law Section. Chair, 2003-2004; Officer, 2000-2004; Executive committee, 2009-2012; Chair or Co-Chair, annual ADR Institute, 2000, 2003, planning committee, 2000-present; Atlanta Bar ADR Lawyers Section, past member, Board of Directors; Georgia Annual Arbitration Institute, Chair, 2018 and multiple prior years
- Fellow, College of Commercial Arbitrators; Fellow, American College of Civil Trial Mediators
- Adjunct Law School Professor, University of Georgia and Georgia State University, Alternative Dispute Resolution Courses, 1998-2004; guest presentations in ADR classes at GSU, Emory University, Mercer University, and John Marshall law schools
- More than 150 speaking presentations to Bar and ADR professional groups in more than 20 states; faculty member ABA Annual Arbitration Institute, 2010-2012, 2016 (and Co-Chair, 2010); faculty member ABA Annual Advanced Mediation Institute, 2010, ’11, and ’13; dozens of articles and papers on ADR topics
- Member, American Health Lawyers Association, Panel of Dispute Resolvers; US Institute for Environmental Conflict Resolution National Roster; CPR Panel of Distinguished Neutrals; Financial Industry Regulatory Authority (FINRA) Roster of Mediators
- Fellow, American Bar Foundation; Fellow, Atlanta Bar Foundation
- Principal Benefactor, JAMS Foundation
- JAMS, ADR Neutral, 1998-present
- Litigation Partner and Associate, Alston & Bird, 1981-1998
- Law Clerk to Chief United States District Judge Charles A. Moye, Jr., United States District Court for the Northern District of Georgia, 1979-1981
- J.D., cum laude, University of Georgia Law School, 1979; Georgia Law Review, Research Editor
- B.A., with distinction, University of Virginia, 1976
- Wayne is married to Jane Thorpe, who retired as a partner at Alston & Bird in 2014. They have two adult children and two grandchildren. Wayne and Jane own a cabin in West Yellowstone, MT near Yellowstone National Park, where they flyfish and hike as much as they can.
Counsel Comments
- "Mr. Thorpe brings to his ADR work the same degree of energy, creativity and perseverance that good lawyers bring to their representation of clients."
- “[Mr. Thorpe] did an outstanding job mediating our dispute…he clearly had a firm grasp of the issues, and worked relentlessly to help the parties resolve a hard-fought case. I believe [he] facilitated open lines of communication that ultimately allowed the parties to settle. I would welcome the opportunity to have [Mr. Thorpe] mediate for me in the future and look forward to doing so.”
- "[Mr.] Thorpe was an excellent mediator who was instrumental in moving both sides towards a mutually beneficial settlement.”
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