Qualification Path

Category 1: CIArb (CIArb Mediation Fellow)

English

Current Position & Background

Mr. Lee continues an active advocacy practice, but devotes one third of his time to serving as a mediator. He has more than 20 years of experience as a neutral, and has successfully resolved hundreds of disputes. While his primary focus is in on complex construction disputes, he has served as a mediator in disputes involving many varied issues, including corporate and commercial transactions, real estate, products liability, bankruptcy, professional liability, and shareholder and partnership issues.

Mr. Lee is a shareholder in the law firm of Jacoby Donner, P.C. and was the Managing Principal from 2003 to 2008. He currently Chairs the firm’s Commercial Litigation Group.

Mr. Lee is on the Commercial and Large Complex Construction Arbitration Panels and the Mediation Panel of the American Arbitration Association. Mr. Lee also member of the National Construction Dispute Resolution Committee which is the advisory body to the American Arbitration Association. He is also an arbitrator and mediator for the International Centre for Dispute Resolution and a Fellow of the Chartered Institute of Arbitrators.

Since 2006, Mr. Lee has been selected by his peers for inclusion in The Best Lawyers in America (Woodward & White), regarded as a definitive guide to legal excellence in the United States.

Main Mediation Practice Areas

Complex commercial disputes with an emphasis on construction disputes.

Mediation Experience

Served as a mediator since 1994 in more than 100 cases, including successfully resolving: Multi-million dollar claim by owner of office campus against eleven parties and their insurers involving in the failure of building envelope system; Multi-party, multi-million dollar dispute involving public authority, contractor, design engineer and two subcontractors; Multi-million dollar dispute between developer and construction manager on high rise condominium project, involving claims for extras, delays and alleged defective work; Multi-party ten year old $2,000,000 dispute between contractor and Municipal Authority arising out of termination of contractor on a water treatment plant; $1,000,000 dispute between contractor and owner of bank concerning alleged delays, defective work and contract balance; Delay and disruption claims on a $5,000,000 school project; Dispute between contractor, architect and public housing authority involving defective work and design; $1,400,000 dispute between municipal parking authority and ten defendants constructing a parking garage; Seven party dispute over delays alleged to have originated from site work and piling issues.

Mediation Style

Approximately thirty percent of Mr. Lee’s time is spent as a mediator for complex construction and commercial disputes in the Northeast Corridor. He has mediated more than 100 cases over the last 16 years. Mr. Lee views mediation as the last chance for parties to control the outcome of a dispute on their own terms. He will utilize varied techniques to enable the parties to identify and assess the business and litigation risk and balance that risk against the litigation cost. He draws on his experience as an arbitrator and an advocate to help counsel and the parties understand how a panel or judge might ultimately decide an issue. He believes that early mediation can be successful if all parties have enough information to evaluate their positions and that they understand that mediation will not bring "victory", but a pragmatic resolution to a business dispute. If a dispute cannot be settled at an initial session, he will follow-up with the parties until the time is right to reconvene. His persistence has resulted in the ultimate resolution of almost all disputes he has been asked to mediate.

Code of Ethical Conduct

IMI Code of Professional Conduct

Complaints Process

IMI Professional Conduct Assessment Process

Professional Indemnity Insurance

Mr. Lee's law firm, Jacoby Donner, P.C., maintains a professional liability insurance policy with Travelers which covers his mediation activities up to a maximum limit of $2,000,000.

Feedback Digest

Reviewer: AAA/ICDR STAFF ( imireviewer@adr.org )
Latest Update: 30 Jun 2009 16:18

This Feedback Digest has been updated to include 9 Feedbacks in 10 Mediations as of June 30, 2009.

Parties and counsel who have used B. Christopher Lee would overwhelmingly use his services again and would, without hesitation, recommend him to others. Typical of the comments reflecting Mr. Lee’s acceptability are: (i) He is fair, listens well and develops creative solutions to settle cases; (ii) Chris is tenacious. He will keep prodding the participants even in very difficult multi-party cases I thought were impossible to resolve. He succeeds. Every mediation with Chris was resolved. I have gone through many mediations. Chris is clearly one of the best; (iii) He is very capable, thorough and very professional/impartial; (iv) He had a good grasp of the issues and was effective; (v) Mr. Lee kept the discussions on track and produced a good settlement; and (vi) He did a great job with multiple parties and disputed insurance issues.

Mr. Lee’s mediation skills and abilities are rated as highly effective. Typical of feedback received in this regard are: (i) Mr. Lee has the ability to get through the initial posturing to the real heart of the dispute and position of the parties; (ii) He has diplomacy, tenacity, stamina and is good natured; (iii) Mr. Lee makes a personal connection wtih the decision makers during the mediation. Once he is satisfied that he understands each decision makers' concerns and "bottom line," he then gets the two decision makers alone to discuss coming to terms. He is very effective; (iv) He has the ability to understand the issues and give a candid assessment of strengths/weaknesses of both sides; (v) He had patience, charm, and knowledge of the industry; (vi) He has good knowledge of the construction industry, tenacity and a professional demeanor; and (vii) He applied a tremendous amount of time, expertise and skill to resolving the case.

Mr. Lee is also highly regarded for his ability to effect a positive outcome. For example, one provider of feedback noted that Chris got the parties quickly to a point where it was clear the case would settle after they seemed far apart. He did what a good mediator should do. While another noted that in a mediation involving at least twelve parties, all with diverse interests and polarized positions, Mr. Lee encouraged all parties to make presentations of their respective positions, and then commenced the difficult process of private counseling of the participants to attempt to resolve the case, which was successfully resolved after a number of mediation sessions.

Costs were widely reported as reasonable in the context of the value of the disputes mediated by Mr. Lee, and in general a very high degree of satisfaction was reported.

No reportable negative comments have been received since Mr. Lee’s designation as an IMI Certified Mediator.

Professional Affiliations

International Bar Association (Section on Business Law; Committee T-International Construction Contracts); Chartered Institute of Arbitrators; American Bar Association (Forum Committee on the Construction Industry, Construction Litigation Committee, Fidelity & Surety Committee); Pennsylvania Bar Association (Construction Law Committee; Arbitration & Mediation Committee) Philadelphia Bar Association (Federal Courts Committee; Commercial Litigation Committee; Construction Committee); International Centre for Dispute Resolution (Arbitrator Panel); American Arbitration Association ( Commercial, Construction, Mediator and Large Complex Case Arbitration Panels); National Construction Dispute Resolution Committee; Construction Financial Management Association, (Philadelphia Chapter Board Member); National Bond Claims Association; General Building Contractors Association (Affiliate Member); Building Contractors Association of New Jersey (Associate Member); American Concrete Institute (Affiliate Member); American Institute of Architects (Affiliate Member); Pennsylvania Council of Mediators.

Fee Rate

$550 hourly rate applies to all services rendered after initial engagement, including conference calls, study time & start-up activities, deliberation and drafting. NO CHARGE for travel time and expenses for mediations conducted in North America.

References

Michael R. Libor, Esquire
Morgan, Lewis & Bockius
1701 Market Street
Philadelphia, PA 19103
(215) 963-4936

Lawrence Borda, Esquire
1600 Market Street, Suite 1430
Philadelphia, PA 19130
(215) 446-8440

John G. McGowan
Bond, Schoeneck & King, PLLC
One Lincoln Center
Syracuse, New York 13202
(315) 218-8121

Richard Hunt, Esquire
Parker McCay
Three Greentree Centre, Suite 401
Route 73 & Greentree Road
Marlton, NJ 08053
(856) 596-8900

Howard Venzie, Esquire
Kevin Amadio, Esquire
Venzie, Phillips & Warshawer
2032 Chancellor Street
Philadelphia, PA. 19103
(215) 567-3322

Mediation Education and Training

AAA/ICDR International Arbitrator Training, Washington, 2010; Advanced Mediator Training, Washington, D.C., 2010; AAA Arbitrator Ethics & Disclosure, 2006; Faculty, AAA Neutrals Conference, Philadelphia, 2005; Attended AAA Neutrals Conference (2003, 2005, 2007, 2010); AAA Construction Arbitrator II Training, Philadelphia, 2002; AAA Arbitrator Update 2003, 2001; attended AAA Mediator Conference, New Orleans, 2001; American Arbitration Association Basic Mediation Training (2 days, Denver 1999; 2 days; Phila. 1993; 3 days- Philadelphia 1998); American Arbitration Association Arbitrator Training (2 days Phila. 1995); Chartered Institute of Arbitrators- Special Fellowship Course (Vail, Colorado 1999); Chartered Institute of Arbitrators-International Commercial Arbitration Training (Charleston, S.C. 1997)

Mediation Teaching and Mentoring

Addressed the International Academy of Mediators at the Annual Conference in Philadelphia, PA (May 25, 2007); Panel Member/Presenter at the AAA Mediation Conference, Miami, FL on "Using Quantitative Evaluation Methods: Decision Trees in Construction Mediation" (March 30, 2007); Panelist, Dispute Resolution Division of the ABA Forum Committee on the Construction Industry on "Arbitrator Disclosure to Avoid Vacatur of Awards" (May 2006); Panelist, American Arbitration Association on "Best Practices in Complex Construction Arbitration" (June 2004)

Mediation Publications

The Philadelphia Business Journal, November 2004, "Ownership of Architectural Plans".

The Philadelphia Business Journal, June 2004, on the topic of the "Impact of Payment Bonds".

The Philadelphia Business Journal, January 2004, "Conflict Avoidance in Construction".

The Philadelphia Business Journal, August 2003, "Broad Form Indemnity".

"Indemnity Clauses -- How Much Risk is Too Much?" Construction Today, General Building Contractors Association, Inc. Summer, 2003.

B. Christopher Lee contributed to the edition of The Philadelphia Business Journal, March 2003, "Construction Releases".

"Whose Mediation is it Anyway?" Construction Today, General Building Contractors Association, Inc. Issue 3, 2000.

"Written Employment Contracts for Association Executives - Should You Have One?" Wisconsin Society of Association Executives Newsletter. September/October 1998.

"Understanding Subcontract Agreements." Sheet Metal Contractors' Association of Philadelphia and vicinity. June 1992, Vol. 3, No. 11.

"Understanding Subcontract Agreements is Key." Tri-State Real Estate Journal, Construction Monthly. April 1990.

"Drafting Effective Construction Contracts," Construction Education Management Corporation. March 1990.

"Pennsylvania Mechanics' Liens and Bonds." Professional Education Systems. 1988.

"How to Reduce the Risk of Claims on a Project with Careful Personnel Selection." Tri-State Real Estate Journal, Construction Monthly. February 1987.