Are You Prepared for Mediation

Instructor: Jim Zack
Product ID: 704661
  • Duration: 90 Min
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This training program will provides attendees a thorough discussion of the voluntary mediation process and why it is so successful despite being preceded by unsuccessful dispute resolution negotiations. The course will also offer them an understanding of the role of the mediator in the process and compare mediation to other forms of ADR (alternative dispute resolution).

Why Should You Attend:

Mediation is not new. In 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 claims negotiations fail to reach resolution in lieu of arbitration or litigation.

This webinar will discuss mediation as a process and discuss why construction professionals need to learn about mediation. The webinar will highlight the good and bad points concerning mediation. Additionally, it will offer a number of practical suggestions on how to prepare for and be successful in mediation.

Learning Objectives:

  • 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
  • Learn what to do after meditation agreement is attained

Areas Covered in the Webinar:

  • 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

Who Will Benefit:

  • Attorneys going into construction mediation
  • Owners and owner representatives facing unresolved disputes and being asked to participate in mediation
  • Contractor executives and project managers who have to prepare for and participate in mediation
  • Construction managers and design professionals who have to participate in mediation

Instructor Profile:

James G. Zack, Jr., CCM, CFCC, FAACE, FFA, FRICS, PMP, is executive director of Navigant Construction Forum™. He was formerly executive director of Corporate Claims Management, Fluor Corporation; vice president, PinnacleOne; and senior construction claims consultant, CH2M HILL, Inc.

For more than 40 years Mr. Zack has worked on both private and public projects. In the construction claims arena, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. He has worked on claims and disputes throughout the United States and has presented and worked on claims in Canada, Egypt, The People’s Republic of China, Germany, Kazakhstan, Saudi Arabia, The Russian Federation, Chile, Peru, Guatemala, Mexico, Venezuela, Jamaica, Kuwait, South Africa, The United Kingdom, The Netherlands, Slovenia, Poland, Australia, The Philippines, India, and Trinidad & Tobago.

Mr. Zack has been involved in thousands of claims throughout his career and has been designated as an expert witness in mediation, arbitration and litigation. He is a Fellow of the Association for the Advancement of Cost Engineering, International (FAACE), the Royal Institution of Chartered Surveyors (FRICS) and a Fellow of Forensic Analysis (FFA) from the International Guild of Project Controls. He is also a member of the Construction Management Association of America (CMAA) and the Project Management Institute (PMI). He is a Certified Construction Manager (CCM); a Certified Forensic Claims Consultant (CFCC); and a Project Management Professional (PMP). Mr. Zack is a former President of the Association for the Advancement of Cost Engineering, International (AACE). He is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims and disputes.

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