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Construction Early Dispute Resolution Fundamentals

Learn the power of a designed Mediation to resolve complex construction disputes earlier and effectively.

Most construction disputes settle. However, when they settle can have large project economic consequences to your company and the project. Learn how the smartest professionals in the construction industry get earlier and better resolutions of disputes with less legal and expert expense, and often with preserving valuable relationships. To achieve these results, we will give you insights based on our experience as successful mediators and advocates. We know to hire a mediator as early as possible. Clients appreciate having a neutral (1) they can confidentially talk to as soon as possible, (2) who helps overcome resistance from opponents to the early hire of mediators, (3) who uses the mediator's power of confidentiality to diagnose all the impass causes which often involve brain science as well as legal or factual issues, and (4) who helps the parties design a settlement process based on impass diagnostics peculiar to the dispute. The process is more than just showing up for mediation and submitting a legal brief only to the mediator. We avoid surprises during negotiations because of what we learn before the start of negotiations. Learn how to find the best mediators beyond reading online resumes and emails in response to the question, Can anyone recommend a good mediator in ______ . Learn best practices in interviewing mediators who may be unfamiliar to you.

96 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Construction Client Dissatisfaction With Lawyers Meeting Their Position Change Needs

  • How to Change Your Attorney's Mindset About Mediation and Early Mediation
  • Emphasis on Trial and Litigation Activities, When Vast Majority of Disputes Settle
  • Lawyers Focus on the Gross Monetary Value of a Resolution and Not on Timing or Net Value
  • Lawyer Deficiencies in Quantitative Method/Analysis Impede Case Resolution
  • Earliest Possible Dispute Resolution Is Not a Common Litigator's Goal, Despite Clients' Desire
  • Lawyer Ethical Requirements to Consult With the Client as to the Means of Pursuing the Client's Objectives

Best Methods of Satisfying Client Needs for Dispute Resolution

  • Early Mediation Alternative to Adjudicative Processes
  • Unique Power of a Mediator to Diagnose Impasse Confidentially
  • Power of Mediator to Design an Effective Mediation Process

Getting Opposing Parties to Agree to an Early Mediator Hire

  • Overcoming Common Excuses Not to Mediate Early
  • How Not to Appear Weak in Initiating Discussion of Early Mediation
  • Selecting the Mediator
  • Design the Mediation Process to Satisfy the Parties
  • How Lawyers Can Help a Mediator
  • Using Stay Orders and Mediator-To-Adjudicator Progress Reporting
  • Dealing With Lawyers in Mediation

Agreeing to First Arbitrate and Then Mediate

  • Improve the Chances of a Pre-Arbitration Settlement
  • Using a Mediator as an Arbitration Process Facilitator

Anticipating and Overcoming Impasse

  • How Mediators and Advocates Can Engage New Parties, and Insurance Coverage Issues
  • How Mediators and Advocates Collaborate to Share Information Without the Need for Formal Discovery
  • How Mediators Can Assist the Parties to Work Through Conflicting Experts
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 28, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Mark R. Becker

Mark R. Becker

Fabyanske, Westra, Hart & Thomson P.A

  • Shareholder with the nationally recognized construction law group of Fabyanske, Westra, Hart & Thomson
  • Leader in the field of early mediation advocacy, with a proven record of routinely securing early resolutions of high-stakes, complex, multiparty construction disputes for ENR ranked contractors, ENR ranked design firms, and major private and public owner clients
  • Chair of the construction section of the Minnesota State Bar Association, serves as an arbitrator with the American Arbitration Association, and has served on the Board of Directors of the Minnesota Construction Association
  • Frequent speaker and has written numerous publications
  • J.D. degree, high distinction, University of Iowa College of Law; B.S. degree, cum laude, Northwestern University, McCormick School of Engineering
  • Can be contacted at 612-359-7620 or [email protected]
Paul Lurie

Paul Lurie

Schiff Hardin LLP

  • Guiding mediator and arbitrator known for his ability to get early resolution of construction, real estate and environmental disputes
  • 50 years of practice, has been business and legal counsel for major owners, developers, and design and construction firms
  • Experience includes providing counsel and advocacy for contract negotiation and dispute avoidance and resolution
  • Active arbitrator and mediator of the large complex panels of the American Arbitration Association and is a member of its Master Mediation Panel
  • Since its founding 20 years ago, his 700-member Mediate and Arbitrate Listserv is a premier educational resource following legal developments in arbitration and mediation and was the basis for the AAA President’s Award
  • J.D. degree, University of Michigan School of Law; B.A. degree, University of Michigan
  • Can be contacted at [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406309
Published 2019
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