Mediating Construction Disputes – How To Be Successful
James G. Zack, Jr., CCM, CFCC, FAACE, FGPC, FRICS, PMP
James Zack is the Senior Advisor, Ankura Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was a founder and former Executive Director of the Navigant Construction Forum™. Previously, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director, PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 47 years’ experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE International. The Royal Institution of Chartered Surveyors, and the Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager, and a Project Management Professional as well as an internationally known author and speaker on construction claims.
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 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 some 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.
Arbitration and litigation are very lengthy and expensive. Mediation is a good alternative form of dispute resolution – one where the parties structure and control the process and the outcome. This webinar focuses on how to prepare for and achieve an acceptable resolution of construction disputes.
- Understand the role of the mediator in this process
- Learn why meditation 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
Course Level - All levels
Who Should Attend
- Owners and their representatives
- Construction Managers
- Design Professionals providing services during construction
Why Should You Attend
- 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