Mediating Construction Disputes – How to Stay Out of Arbitration & Litigation

Schedule Thursday, December 3, 2020 || 10:00 AM PDT | 01:00 PM EDT
Duration 90 Mins
Level Advanced
Webinar ID IQW20H0858

  • Gain a better understanding of why construction professionals may want to use mediation as an ADR process when dealing with unresolved claims
  • Identify the strengths and weaknesses of the mediation process
  • Learn the importance of and how to prepare for mediation
  • Understand how mediators operate at mediation
  • Discover how to function while in the mediation session

Overview of the webinar

Mediation is not new. Mediation was employed in ancient India as well as in the Islamic world.In more recent times mediation has been widely adopted in the U.S. construction industry as a form of Alternative Dispute Resolution (ADR). Mediation is often employed when construction claims negotiations fail to reach resolution in lieu of arbitration or litigation. The webinar discusses mediation as a process and discusses why construction professionals need to learn about mediation.The webinar identifies both good and bad points concerning mediation.Additionally, the webinar offers a number of practical suggestions on how to prepare for and be successful in mediation “success” being defined as reaching resolution of a construction claim without going to arbitration or litigation.

Who should attend?

  • Contractors & subcontractors
  • Owners
  • Design professionals providing services during construction
  • Construction managers
  • Attorneys

Why should you attend?

  • Understand the role of the mediator in this process
  •  Learn why mediation so often leads to settlement even though previous negotiations failed
  • Compare mediation to other forms of ADR
  • Learn how to effectively prepare for mediation
  • Learn how to effectively participate in mediation
  • And learn what to do after meditation agreement is attained

Faculty - Mr. James G. Zack

Jim is the Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was eh founder and Executive Director of the Navigant Construction Forum™.  Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for 47 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, and the Guild of Project Controls.  In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes.  Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP).  Mr. Zack is an internationally recognized author and speaker in the construction claims and disputes arena.

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