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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.

Runtime: 96 minutes
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Why Lorman?

Over 32 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 32 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 Webinar

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.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.6
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.6
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.6 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.6
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 95 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE 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.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.58
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.58 hours of credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE 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.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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

Audio & Reference Manual

  • 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
     
  • 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
     
  • 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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More Program Information

Why Lorman?

Over 32 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 32 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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