Mediating Damages – How To Avoid Arbitration & Litigation

Mediating Damages – How To Avoid Arbitration & Litigation

  JAMES G. ZACK

  Principal

James Zack Consulting, LLC

  Product ID : JAZA-0017

  Level : Advance

  Duration : 90 Minutes


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 more than 48 years, working on both private and public projects throughout the U.S. and in 39 countries abroad. Mr. Zack is a Fellow of AACE, the Royal Institution of Chartered Surveyors, the Guild of Project Controls and the Society of Construction Claims Specialists International. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert Certified Construction Claims Specialist (ECCCS), an Expert Certified Construction Delay Analyst (ECCDA) and a Project Management Professional (PMP).

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
  • $200.00


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