Mediating Construction Disputes - How To Resolve Construction Disputes Successfully
  • CODE : JAZA-0043
  • Duration : 90 Minutes
  • Level : Advance
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Jim is the Principal, James Zack Consulting, LLC. Formerly Executive Director of the Ankura Construction Forum™ and prior to this, the founder, and Executive Director of the Navigant Construction Forum™. Earlier, Jim was the Executive Director, Corporate Claims Management Group, Fluor Corporation. Previously he was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and prior to this a Senior Construction Claims Consultant for CH2M HILL. For more than 48 years, he has worked on both private and public projects in 36 States in the U.S. and 39 countries abroad. He is a Fellow of AACE, the Royal Institution of Chartered Surveyors, the Guild of Project Controls, and the Society of Construction Claims Specialists. In the construction claims field, he is a recognized and published expert in mitigation, analysis, and resolution or defense of construction claims and disputes. He is a Certified Construction Manager, a Certified Forensic Claims Consultant, an Expert Certified Construction Claims Specialist, an Expert Certified Construction Delay Analyst, and a Project Management Professional.

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 a 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 several practical suggestions on how to prepare for and be successful in mediation “success” is defined as reaching the resolution of a construction claim without going to arbitration or litigation.

Mediation is often a step between failed negotiations and arbitration or litigation. It is a voluntary, consensual process aided by the services of an external neutral mediator. This webinar explores the ins and outs of mediating a construction dispute.

Areas Covered

  • 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

Course Level - Intermediate to Advanced

Who Should Attend

  • Owner & Contractor Project Managers & Executives
  • Resident Engineers or Architects
  • Agency Construction Managers
  • Construction Managers @ Risk
  • Design Managers
  • Legal Counsel Representing Owners or Contractors

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 the meditation agreement is attained
  • $149.00



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