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Mediating Damages – How To Avoid Arbitration & Litigation

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 a number of practical suggestions on how to prepare for and be successful in mediation‘’ “success” is defined as reaching a 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 CoveredGain a better understanding of why construction professionals may want to use mediation as an ADR process when dealing with unresolved claimsIdentify the strengths and weaknesses of the mediation processLearn the importance of and how to prepare for mediationUnderstand how mediators operate at mediation Discover how to function while in the mediation sessionCourse Level - Intermediate to AdvancedWho Should AttendOwner & Contractor Project Managers & ExecutivesResident Engineers or ArchitectsAgency Construction ManagersConstruction Managers @ Risk Design ManagersLegal Counsel representing owners or contractorsWhy Should You AttendUnderstand the role of the mediator in this processLearn why mediation so often leads to settlement even though previous negotiations failedCompare mediation to other forms of ADRLearn how to effectively prepare for mediation Learn how to effectively participate in mediationAnd, learn what to do after the meditation agreement is attained

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 a number of practical suggestions on how to prepare for and be successful in mediation‘’ “success” is defined as reaching a 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