Mediating Construction Disputes – A Way To Avoid Arbitration & Litigation

Arbitration and litigation are very lengthy and expensive.  Mediation is a good alternative form of dispute resolution in which the parties involved structure and control the process and the outcome.  This webinar focuses on how to prepare for and achieve an acceptable resolution of construction disputes.

Mediation is not new.  It was employed in ancient India and 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, in lieu of arbitration or litigation, when negotiations have failed to resolve claims.  We will outline the mediation process and discuss why construction professionals need to learn about mediation.  We will also analyze the good and bad aspects of mediation.  Finally, we will offer several practical suggestions on how to prepare for, and be successful in, mediation.

Participants will learn:

• the role of mediator in the process
• why mediation so often leads to settlement, though previous negotiations failed
• how mediation compares to other forms of ADR
• how to effectively prepare for mediation
• how to effectively participate in mediation
• what to do after meditation agreement is attained

Instructor: James G. Zack, Jr. is Principal of James Zack Consulting, LLC, a construction claims consultancy dedicated to helping Owners and Contractors complete projects in the field, not arbitration or court.   He is a recognized, published expert in mitigation, analysis, and resolution or defense of construction claims and disputes.  In his 49-year career, he has been involved in public and private projects throughout the U.S. and 39 countries, working with Owners and Contractors on 5,000+ claims.

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