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Construction Early Dispute Resolution Fundamentals

Learn how to preserve valuable relationships all while resolving disputes earlier with less expense.Learn how the smartest people in construction get earlier resolutions of dispute with less legal and expert expense--and often with preserving valuable relationships. We will discuss that the best way to use a mediator is not only to shuttle offers but to talk confidentially with all decision makers, including lawyers, clients and experts. This will enable the mediator to find what has to happen for parties to change their impassed positions. This material will also cover how to find the best mediators beyond reading online resumes and emails in response to the question, 'Can anyone recommend a good mediator in Chicago?'. You will also learn best practices in interviewing mediators. We will explain the trend to compensate lawyers on a fixed fee basis. Learn how lawyers can take advantage of this trend to gain valuable and appreciate clients using techniques of early dispute resolution.
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Why Lorman?

Over 31 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
  • Justifiable Fear of Unlimited Legal Fees to Pursue Adjudicated Outcome
  • 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 Litigators Goal, Despite Clients' Desire
Best Methods of Satisfying Client Needs for Dispute Resolution
  • Ethical Requirements to Consult With the Client
  • Early Mediation Alternative to Adjudicative Processes
  • Unique Power of a Mediator to Diagnose Impasse Confidentially
  • Bring in a Mediator as Early as Possible and Before Controllable Expense Begins
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
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 Can Use Quantitative Methods
  • Mediators Help the Parties Avoid Mediation Surprises
  • Handle Conflicting Experts
  • How the Mediator May Encourage the Parties to Each Do What If Scenario Planning
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Why Lorman?

Over 31 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

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 31 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 Law Firm

  • 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, multi-party 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 M. Lurie

Paul M. Lurie

Schiff Hardin LLP

  • Partner in the Chicago office of Schiff Hardin LLP
  • 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 312-258-5660 or [email protected]
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Why Lorman?

Over 31 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.

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Product ID: 402944
Published 2018
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