Mediating Construction Disputes – How To Be Successful

December 07, 2021
01:00 PM ET | 12:00 PM CT
90 Mins
James G. Zack, Jr.

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 how to prepare for and achieve an acceptable resolution of construction disputes. 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 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.

Webinar Objectives
  • 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.
Webinar Agenda
  • Introduction to mediation
  • Role of the mediator
  • Reasons for mediation success
  • Mediation vs. other forms of ADR
  • Mediation Process
  • Strong & weak points of mediation
  • How to “succeed” at mediation.
    • General points
    • Preparation for mediation
    • At Mediation
    • After mediation
  • Conclusion
  • Questions & discussion
Webinar Highlights
  • 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.
  • Learn what to do after meditation agreement is attained.
Who Should Attend
  • Owners
  • Contractors 
  • Construction Executives
  • Subcontractors
  • Design professionals 
  • Construction managers
James G. Zack, Jr.

James G. Zack, Jr.

Jim is the Principal, James Zack Consulting, LLC and 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. Formerly he was the Executive Director of the Navigant Construction Forum™ and earlier, 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...
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