Michael J. Bayard, Esq.
Mediator / Arbitrator / Umpire
Full-time ADR Neutral
Full-time ADR Neutral (2000-Present)
Adjunct Professor, Construction Management, Graduate Program in Real Estate Development,
Partner and National Chair, Construction Law Practice Group, Sonnenschein Nath &
Partner and National Chair, Construction Law Practice Group, Pillsbury Madison &
Associate and Partner, Wickwire, Gavin & Gibbs (1984-1987); Associate, Shapiro &
ADR practice limited to construction and policy appraisal disputes. Construction
Arbitrator, Umpire and Mediator or Project Neutral—from small residential projects
to multi-million dollar construction claim and construction defect disputes. Prior
to becoming full-time Neutral worked as full-time Construction Attorney: 50% of
time spent on drafting and negotiating construction related agreements and other
50% of time spent on construction litigation, arbitration, and mediation. As National
Chair of Construction Law Groups at Pillsbury and Sonnenschein firms specialized
in complex construction related agreements and construction disputes valued at in
excess of $1 million. Nationally recognized authority on the drafting and negotiation
of major construction-related documents.
Private projects have included office buildings, shopping centers, condominiums,
apartments, single family homes, churches, theme parks, resorts/hotels, and stadiums.
Public projects have included port improvements, airports, schools, community centers,
infrastructure projects, military bases, and convention centers. Have mediated virtually
every conceivable type of construction claim, including design and construction
defects, extra work and delay claims, and complex insurance coverage disputes. Claim
values in construction mediation cases have ranged between $25,000 and $25 million.
Recently served as mediator on large claim on Port of Los Angeles. Previously served
as mediator on one of the largest shopping center projects in Southern California.
Arbitrated over 150 private and public cases. Today most of cases involve multiple
parties and large (LCCP) claims. Served as Arbitrator on a number of high-profile
disputes since becoming full-time Neutral. Arbitrated virtually every type of claim,
including claims on single-family homes, planned residential communities, apartments
and condominiums, shopping centers, industrial projects, commercial office projects,
and local, state, and federal public works projects. Served as sole arbitrator on
largest single-family home construction claim in Los Angeles County. Claim values
in construction arbitrations have ranged from $25,000 to $250 million.
Mediated and arbitrated cases with two to twenty-five parties. Particular experience
in insurance coverage issues related to design/construction defect claims and allocation
of defense costs and indemnity obligations among multiple carriers.
Completed all of AAA basic and advanced Arbitrator trainings. Attended AAA National
ADR Retreats (Chicago—2003, 2000, Orlando—1998)
Admitted, California State Bar (1979); US District Court, District of California
(1979); US Supreme Court (1979).
University of California, Berkeley (AB with Highest Honors, Phi Beta Kappa—1976)
University of California, Hastings College of the Law (J.D., Associate Executive
Editor, Hastings Law Journal—1979).
Professional Legal Associations
American Bar Association (Construction Forum Committee and Section on Dispute Resolution)
California State Bar, Real Property Section (Past Co-Chair, Construction Law Subsection)
Los Angeles County Bar Association, Real Property Section (Past Chair of Construction
Law Subsection and Past Chair of Real Property Section)
Professional ADR Associations
American Arbitration Association (AAA—Member, Los Angeles Regional Office Advisory
Committee; Chair, Los Angeles Construction Advisory Subcommittee Member, National
Construction Mediation and Arbitration Panels)
California Dispute Resolution Council (CDRC); Los Angeles County Bar Association,
Dispute Resolution Services (DRS)
Author of over thirty (30) publications on Construction Law and Construction ADR
topics. Served as seminar participant or featured lecturer for ABA, California State
Bar, LACBA, and numerous construction industry and ADR organizations. Recent seminars
and publications include “Project Neutrals and Judicial References in Construction
Arbitrations,” AAA Arbitration Day on B2B Disputes, 2003; “ADR Design for Construction
Projects” and “ADR Advocacy—Preparing and Presenting Your Case,” Pepperdine Law
School; 2003; “Ten Commandments of Effective Arbitration Advocacy that Aren’t in
the ADR Rules or the ADR Books,” 2003; “ADR Advocacy Tips for Construction Consultants,”
2003; “How to be a Better LCCP Arbitrator,” 2003.