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What Construction Lawyers Need to Know About the Increasing Inclusion of Pre-Dispute Mediation & Arbitration Clauses in Construction Contracts

ExecSense, May 2011, Pages: 60


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What Construction Lawyers Need to Know About the Increasing Inclusion of Pre-Dispute Mediation & Arbitration Clauses in Construction Contracts is a time efficient way to be in-the-know on these mandatory alternative dispute resolution clauses that are becoming more popular for resolving potential disputes arising out of construction contracts. Take the 60 minutes to view this webinar (on your computer, mobile phone, iPad, Kindle or printed out) to get up to speed on the most up-to-date mediation and arbitration clauses that are being included in construction contracts in 2011, understand the advantages and disadvantages of mandatory alternative dispute resolution to resolving construction disputes, and learn tips and techniques for drafting pre-dispute mediation and arbitration clauses that will be advantageous to your construction clients.

Upon ordering, ExecSense will email you a link to download the webinar files for viewing on your computer, mobile phone, iPod, iPad, Kindle or printed out. The downloaded files will include the PowerPoint presentation, audio narration and jpeg images of the slides (for watching on your mobile media device). Take advantage of your next commute, flight, business trip, lunch, or free hour in your schedule to view this webinar.

The webinar is led by an expert on pre-dispute mediation and arbitration clauses in construction contracts, Bryan Jackson, Partner, Allen Matkins Leck Gamble Mallory & Natsis LLP & Mike Bayard, attorney and focuses on:
- Everything you need to know in 60 minutes about negotiating and structuring pre-dispute mediation and arbitration clauses in construction contracts
- Perspective on the advantages (e.g. expediency, finality, limited discovery, cost-effective) and disadvantages (e.g. sacrifice the expertise of the judicial system and benefits of discovery, arbitrator not bound by rules of procedure, evidence or legal precedent, no appeals process) of mandatory alternative dispute resolution to resolve construction disputes
- Issues that construction lawyers need to consider in order to draft pre-dispute mediation and arbitration clauses that are advantageous to their clients (e.g. whether to use a neutral service provider such as the American Arbitration Association, whether to provide for mediation as a condition precedent to arbitration, whether all disputes will go to arbitration, whether discovery will be allowed, how arbitrators will be selected, will any rules of evidence apply, will the award be final, etc.)
- The 10 questions most asked by construction lawyers about whether or not they should agree to include pre-dispute mediation and arbitration clauses in their clients’ construction contracts and how do they draft such clauses that are most advantageous to their clients
- Case studies of other construction lawyers widely perceived as experts in drafting pre-dispute mediation and arbitration clauses, tips and techniques they find work best, and important lessons learned

Praise for ExecSense Webinars:
'An expeditious way to obtain authoritative current information and ideas on a subject of interest.' – David Kera, Partner, Oblon Spivak
'Just in time information to improve knowledge of current topics and trends.” – Thomas M. Armstrong, Attorney, Reid and Riege
“Well organized, well articulated, and easy to follow. The ExecSense webinar I attended was the best virtual learning experience I've had in quite some time.” – Brian K. Moore, HR Communications, Humana





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