Jack Rephan

Attorney, Mediator & Arbitrator
222 Central Park Avenue
Suite 400
Virginia Beach, Virginia 23462

757-490-6278



Areas Of Practice

Business
Commercial
Construction
Consumer Protection
Contract
Corporate
Government
Insurance
Partnership Disputes

 
 


Mr. Rephan’s Mediation Philosophy: Mediation has proved itself to be an expeditious, economical and effective way to resolve disputes. In most all of the cases I have mediated, the parties and their counsel have come to the mediation fully prepared to participate in a frank discussion of the issues and a willingness to engage in good faith settlement negotiations. As a mediator, I first try to determine what results each party seeks to achieve in the mediation and what areas of agreement or disagreement exist between the parties. I expect, of course, that the parties will take an active role in the mediation process and that they will be realistic in their respective positions. Because I feel that the evaluative approach can be an effective means of moving a case towards settlement, I normally like to get the agreement of the parties to use this approach. Hearing the views of a neutral third party on the relative strengths and weaknesses of a party's position is, in my view, a very effective way of moving towards a negotiated settlement, especially in a case where the parties have reached an impasse.  The mediator needs to use his knowledge, experience and reputation to enhance the chances of a successful mediation. But it also must be remembered that in mediation, it is the parties, not the mediator who decides whether to settle or not. Litigation of any large construction dispute is extremely expensive and the result is unpredictable. Mediation offers a way to avoid much of the time and expense entailed in litigation or arbitration.  The fact that the parties, rather than a judge, jury or arbitrator, make their own decisions with the help of the mediator plays a major rule in any mediation and for this reason the parties are usually very pleased with the result.

Mr. Rephan serves as Shareholder and Director for the firm. He focuses his practice in the areas of Construction Law, Public Contract Law and General Civil Litigation.

Mr. Rephan has significant experience in the representation of contractors, subcontractors, suppliers, and owners in a host of construction matters on private and federal, state, and local construction projects. He also has extensive trial experience in jury and non-jury cases before federal and state courts in Virginia, the District of Columbia and before federal agency boards of contract appeals, and regularly represents parties to construction disputes in arbitration and mediation.

He has appellate experience before the U.S. Supreme Court, the U.S. Courts of Appeals for the Federal, Fourth and D.C. Circuits, the Virginia Supreme Court, the D.C. Court of Appeals and the U.S. Court of Federal Claims.

In addition to representing clients in the arbitration and mediation of construction disputes, Mr. Rephan serves as arbitrator and mediator on the American Arbitration Association’s National Panel of Neutrals. He also serves as a public arbitrator for the Financial Industry Regulatory Authority.

Has mediated various disputes among owners, general contractors and subcontractors involving both large and small commercial construction projects both public and private.  Mediated a number of cases involving disputes between homeowners and contractors.  Construction mediation cases vary in complexity.  Successfully used mediation techniques to resolve a $1,750,000 contract dispute arising during the construction of a new jail.

 

Education

University of Virginia                                                                  B.S. (1954)

University of Virginia School of Law                                         J.D. (1959)

 

Awards

Associate of the Year, Hampton Roads Utility and Heavy Construction Association (HRUHCA) - 2013

Member of Virginia’s “Legal Elite”, Virginia Business Magazine - 20001-2014

Listed by Virginia Magazine as one of the best lawyers in Virginia as a member of Virginia’s ‘Legal Elite’ in fields of Construction Law and Alternate Dispute Resolution

Presidential Award, Hampton Roads Utility and Heavy Construction Association (HRUHCA) - 2004

AV Rating, Martindale Hubbell (Many years)

 

Professional Associations

Past Chair, Construction and Public Contract Law Section, Virginia State Bar                                                       Current

Member, Virginia Bar Association                                                                                                                                  Current

Member: Member, Forum on the Construction Industry                                                                                                 Current

Member, Norfolk Portsmouth Bar Association                                                                                                                Current

Member
, Virginia Beach Bar Association                                                                                                                       Current

Member, District of Columbia Bar Association                                                                                                               Current

General Counsel
, Hampton Roads Utility and Heavy Contractors Association (HRUHCA)                                          Current

Member, Associated General Contractors of Virginia                                                                                                     Current

Members, Associated Builders and Contractors                                                                                                            Current

Mediator and Arbitrator, American Arbitration Association                                                                                         1976 - Current

Activities: As a member of the AAA's National Panel of Neutrals, serves as both a mediator and arbitrator of complex construction disputes

 

Formal training as arbitrator includes:

ACE001-Arbitration Awards;

Safeguarding, Deciding and Written Awards, 2003;

AAA Construction Industry Arbitrator II Training, Washington D.C., 2002;

AAA Arbitrator Update 2001;

AAA Construction Industry Arbitrator Training, Orlando, 1998;

AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012;

AAA Dealing With Delay Tactics in Arbitration (ACE004), 2009;

AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006;

AAA Arbitrator Ethics & Disclosure (ACE003), 2005;

NASD Arbitrator Training.  

Formal training as mediator includes:

 

AAA Fundamentals of Effective Mediation Advocacy, 2013;

AAA Advanced Mediator Training, 2010;

American Bar Association, Organizing the Construction Case for Mediation, 2007;

Virginia State Bar CLE, Mediation Fundamentals for Construction Attorneys, 2001;

Norfolk-Portsmouth Bar Association, Mediation in the 21st Century, 2001;

Mediation & Arbitration of Virginia, Circuit Court Mediation, 2000;

Mediation & Arbitration of Virginia, Construction Mediation, 2000;

AAA Construction Industry Arbitrator Training, 1998;

222 Central Park Avenue, Suite 400
Virginia Beach, VA 23462

P: 757-490-6278
F: 757-502-7364
E: [email protected]
Articles, Opinions & Oberservations Columns
3/19/2015 12:48:41 PM
Description: ArticlesMediation: A More Effective Way to Resolve Construction Disputes - May 2013 Equipment Ownership Cost as an Element of Job Costs - February 2012 Arbitration of Construction Disputes - September 2011 Opinions & Observations