William E. Franczek has degrees in law and engineering.
But when he is called on to mediate legal disputes, he
relies a lot on basic psychology.
Mediation involves "not only a quick understanding
of the facts but also a reading of the personalities
in the case," says Franczek, the managing partner
of Vandeventer Black in Norfolk. "You have to have
patience, be open-minded, understand that there are two
sides to every story and listen to all the facts in an
evenhanded way. If you do that, your name and reputation
will get around, particularly as an individual who understands
the law, is fair and honest, and renders appropriate
decisions."
Franczek's practice focuses on construction law, alternative
dispute resolution and public contracts. Half of his
time is spent mediating and arbitrating disputes, which
can involve sums ranging from $10,000 to $70 million.
Companies embroiled in high stakes cases often turn to
alternative dispute resolution to settle their differences
away from the media spotlight and to preserve their business
relationship.
Mediation is often a precursor
to arbitration. If negotiations during mediation are
successful, the dispute can be settled within three
days. Arbitration can last anywhere from one to 30
days, as an arbitrator or a three-member panel decides
the case based on evidence presented during a private
hearing. "The mediation process is more
interesting from the standpoint of having to be involved
with people as opposed to sitting back and listening
to a case and deciding on its resolution," Franczek
says. "Mediation requires much more skill on the
part of the mediator because you have to understand the
personality of the people and the psychology of why the
parties are in conflict."
Nonetheless, he enjoys working with colleagues on an
arbitration panel and watching other attorneys present
their cases to the panel.
Many of Franczek's cases involve complex construction
disputes such as a recent arbitration between a general
contractor and a subcontractor over the construction
of a land-based telecommunications satellite system for
the U.S. government. Franczek and the other panel members
ruled that the general contractor could only award the
project to the subcontractor due to breach of contract.
The contractor appealed the decision to the 4th Circuit
Court of Appeals, which upheld the panel's ruling.
Despite his knack for arbitration and mediation, Franczek
did not set out to resolve disputes or even to become
a lawyer. He received a bachelor's degree in civil engineering
from Syracuse University and a master's in environmental
science from the State University of New York College
of Environmental Science and Forestry in Syracuse in
order to broaden his knowledge in construction engineering.
He worked as a construction engineer in New York and
Connecticut. As his job became more involved with contract
management, Franczek was exposed to the world of dispute
resolution and he re-evaluated his career path.
After eight years as a construction
engineer, he returned to school, this time to earn
a law degree from Syracuse. "I
thought it would be a good blend of careers to get a
law degree on top of the engineering degree," he
says. "A lot of work I do as a construction lawyer
takes advantage of my training as an engineer because
many of the disputes are technical."
After graduating from law school
in 1982, Franczek moved south to join Vandeventer Black's
Norfolk office. A mediator and arbitrator for the American
Arbitration Association since 1987, he has built a
reputation in bringing opposing sides together to reach
a mutually acceptable settlement. "Bill
is top of the line. He is extremely knowledgeable about
construction and is extremely honest," says fellow
arbitrator Stephen Test, a lawyer with Williams Mullen
in Virginia Beach.
"He is interested in getting
at the truth and is a good student of human nature.
That's critical in that parties to a dispute need to
feel like the person making the decision understands
their perspective and how the problem came about."
Andy Ord, the president of construction
company Tidewater Skanska, also praises Franczek's legal
and engineering expertise. "I've worked with him
on numerous projects and am very confident in Bill's
ability because he has a great feel for the arbitration
process."
Franczek admits to missing construction engineering
but adds that his cases are tied to the construction
field enough to satisfy his appetite. He also is involved
in construction as a board member of the Associated General
Contractors (AGC) of Virginia and as general counsel
to the Tidewater District of the AGC.
