ComplianceOnline

Resolution of Disputes Using Alternative Dispute Resolution

Instructor: Jim Zack
Product ID: 704401
  • Duration: 90 Min

recorded version

$149.00
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Recorded Link and Ref. material will be available in My CO Section

Training CD

$299.00
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Read Frequently Asked Questions

This webinar will facilitate a discussion on 25 different forms of alternative dispute resolution (ADR), plus some variations, currently in use in the construction industry. The webinar will introduce attendees to dispute resolution techniques beyond the traditional arbitration and litigation.

Why Should You Attend:

Construction industry disputes are common and the amounts in dispute are frequently quite high. Such disputes are often quite complex making it difficult to present issues clearly to non-technical triers of fact. Until the late 1980s, the traditional dispute resolution process involved negotiations, possibly mediation, followed by litigation. Although the construction industry is not typically considered to be progressive or forward thinking, with respect to disputes resolution the industry has developed a number alternative means of resolving disputes. Numerous ADR techniques have been have been developed and implemented, all with the end goal of resolving disputes without resorting to traditional, time-consuming and expensive litigation.

This webinar will discuss nearly thirty forms of ADR that are being used in the construction industry. While some are merely variations of a theme, all are different and all have advantages and disadvantages that should be considered prior to selection. The various forms of ADR will be presented in logical order following a dispute from the project site to the adjudicative forum.

Learning Objectives:

  • Learn more than 25 forms of alternative dispute resolution techniques available in the event of a construction dispute.
  • Understand the advantages and disadvantages of each ADR technique.
  • Be able to use this information in selecting an ADR technique for various dispute situations.
  • Be able to employ various ADR techniques in order to avoid lengthy and expensive litigation.

Areas Covered in the Webinar:

  • Learn five pre-dispute dispute resolution methods including the use of escrow bid documents; the value of an authority delegation; implementation of a dispute resolution ladder; the use of a geotechnical design summary report; and how project partnering can reduce claims.
  • Explore dispute resolution methods during the initial claims and dispute phase including an Initial Decision Maker; a Standing Neutral; the value of early neutral evaluation; the use of owner review boards; the value of a Dispute Resolution Board; and the potential use of adjudication.
  • Explore traditional mediation as an ADR method as well as a number of variations of mediation – Arb/Med, Med then Arb, etc.
  • Be exposed to ADR techniques such as mini-trials, summary jury trials, private judging.
  • Learn about arbitration and a number of variants concerning arbitration.
  • Understand some ADR techniques that are available even during litigation including voluntary settlement conferences; special masters; court appointed experts; judges pro tem; and trial by reference.
  • Finally, learn how many of the above ADR techniques can be combined and employed, as needed, to ensure that your project closes out in the field offices, not the courtroom.

Who Will Benefit:

  • Attorneys dealing with site condition claims
  • Owners and owner representatives managing capital improvement projects
  • Contractor executives
  • Project managers
  • Project sponsors
  • Project control personnel
  • Construction managers and design professionals performing services during construction

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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