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Construction Early Dispute Resolution Fundamentals - Webinar

  • ID: 4542247
  • Webinar
  • December 2018
  • Region: Global
  • 90 Minutes
  • Lorman Business Center, Inc.
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Learn the power of a designed Mediation to resolve complex construction disputes earlier and effectively.

Learn how the smartest professionals in the construction industry get earlier resolutions of dispute with less legal and expert expense and often with preserving valuable relationships and achieving results not possible with the limited resolution opinions available in litigation. We will discuss that the best way to use a mediator is to collaborate in designing the mediation process for the unique circumstances of the dispute, and the needs of the parties. A well designed process will enable the mediator to find what has to happen for parties to change their impassed positions, and maximize the chances of an efficient settlement.

This material will also cover how to find the best mediators beyond reading online resumes and emails in response to the question, Can anyone recommend a good mediator in Chicago?. You will also learn best practices in interviewing mediators who may be unfamiliar to you.

Learning Objectives
  • You will be able to explain how to use mediation process design to increase efficient settlement opportunities.
  • You will be able to recognize how to find the best mediator for your complex dispute.
  • You will be able to describe how to get opposing parties to agree to an early mediator hire.
  • You will be able to identify construction client dissatisfaction with lawyers meeting their position change needs.
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Construction Client Dissatisfaction With Lawyers Meeting Their Position Change Needs
  • How to Change Your Attorney's Mindset About Mediation and Early Mediation
  • Emphasis on Trial and Litigation Activities, When Vast Majority of Disputes Settle
  • Lawyers Focus on the Gross Monetary Value of a Resolution and Not on Timing or Net Value
  • Lawyer Deficiencies in Quantitative Method/Analysis Impede Case Resolution
  • Earliest Possible Dispute Resolution Is Not a Common Litigator's Goal, Despite Clients' Desire
  • Lawyer Ethical Requirements to Consult With the Client as to the Means of Pursuing the Client's Objectives
Best Methods of Satisfying Client Needs for Dispute Resolution
  • Early Mediation Alternative to Adjudicative Processes
  • Unique Power of a Mediator to Diagnose Impasse Confidentially
  • Power of Mediator to Design an Effective Mediation Process
Getting Opposing Parties to Agree to an Early Mediator Hire
  • Overcoming Common Excuses Not to Mediate Early
  • How Not to "Appear Weak" in Initiating Discussion of Early Mediation
  • Selecting the Mediator
  • Design the Mediation Process to Satisfy the Parties
  • How Lawyers Can Help a Mediator
  • Using Stay Orders and Mediator-To-Adjudicator Progress Reporting
  • Dealing With Lawyers in Mediation
Agreeing to First Arbitrate and Then Mediate
  • Improve the Chances of a Pre-Arbitration Settlement
  • Using a Mediator as an Arbitration Process Facilitator
Anticipating and Overcoming Impasse
  • How Mediators and Advocates Can Engage New Parties, and Insurance Coverage Issues
  • How Mediators and Advocates Collaborate to Share Information Without the Need for Formal Discovery
  • How Mediators Can Assist the Parties to Work Through Conflicting Experts
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Mark R. Becker - Fabyanske, Westra, Hart & Thomson P.A & Paul M. Lurie - Schiff Hardin LLP
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This webinar is designed for attorneys, presidents, vice presidents, contractors, subcontractors, engineers, architects, construction and project managers, developers, accountants, controllers, risk managers and other construction professionals.
Note: Product cover images may vary from those shown