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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

Are You Prepared for Mediation? (CCL350G)

  • Product Format
    Pre Recorded Audio Conference
  • Presenter(s)
    James G. Zack Jr. CCM, CFCC, FAACE, FRICS, PMP, Michael Pettinella
  • Conference Date
    Wed, March 11, 2015
  • Length
    90 minutes

Learn About the Strengths and Weaknesses of Mediation, How to Prepare for and Participate in Mediation and Why It is Successful as a Form of Alternative Dispute Resolution (ADR)

Mediation is not new. Mediation was employed in ancient India as well as in the Islamic world for a long time. More recently, 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 with expert speaker James Zack, Jr., provides a thorough discussion of the voluntary mediation process and why it is so successful despite being preceded by unsuccessful dispute resolution negotiations.

The webinar discusses the process of mediation and discusses why construction professionals need to learn about mediation. The webinar identifies the pros and cons concerning mediation. Additionally, the webinar offers a number of practical suggestions on how to prepare for and be successful in mediation.

Training Objective

  • Gain a better understanding of why construction professionals may want to use mediation as an ADR process when dealing with unresolved claims;
  • Learn about the mediation process and understand its strengths and weaknesses;
  • Understand why mediation is important and how to prepare for mediation;
  • Understand how mediators operate at mediation;
  • Discover how to function while in the mediation session;
  • Understand the role of the mediator in this process;
  • Learn why mediation so often leads to settlement even though previous negotiations failed;
  • Evaluate mediation in relation to other forms of ADR;
  • Learn how to effectively prepare for mediation;
  • Learn how to participate in mediation effectively; and
  • Learn what to do after meditation agreement is attained.

Who should attend

  • 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

At the Q&A session following the live event, ask a question and get advice unique to your situation, directly from our expert speaker.


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About the Presenter(s)


Jim is the Senior Advisor to the recently formed 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. Jim was the founder and Executive ...More Info

Michael Pettinella  is an Associate Director in the New York City office of Navigant.  He specializes in construction project advisory and dispute resolution services, including critical path method scheduling, forensic schedule analysis, and damages quantification.&nbs...More Info

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