Learn effective techniques to utilize mediation in a manner that is beneficial for clients and counsel.
Mediation is the most widely utilized form of dispute resolution for construction disputes. Understanding the utility of mediation for construction litigation and avoiding potential problems in seeking to mediate, selecting a mediator, and avoiding problems inherent in the process that can hinder potential resolution is essential for construction law practitioners. This topic will help you enhance effective techniques to utilize mediation in a manner that is beneficial for clients and counsel.
Learning Objectives
- You will be able to discuss why mediation.
- You will be able to describe what type of dispute.
- You will be able to explain the mediation session.
- You will be able to identify the preparation needed.
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Why Lorman?
Over 36 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
Why Mediation?
- When and Why?
- Alternative Benefits
- Overall Utility
What Type of Dispute?
- Issues
- Goals
- Shaping Dialogue
- Selecting an Effective Third Party and Locale
- Defining the Issues
Preparation
- Planning
- Intent
- Education of Mediator
- Pre-Mediation Requirements
The Mediation Session
- Presentation Techniques and Issues
- Joint Sessions
- Avoiding Joint Sessions
- Using Your Mediator's Skills
Settling
- Concerns
- Risks
- Planning
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Why Lorman?
Over 36 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
This course was last revised on February 22, 2021.
Call 1-866-352-9540 for further credit information.
- AIA 1.5
- Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.5 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None
All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- 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.
- NY CLE 1.5 including Skills 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 Skills 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 credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- 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.
- AK ENG 1.5
- This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.5.
*Please check the rules and requirements in your state for compliance.
- AL ENG
- This Ondemand program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors.*
*Please check the rules and requirements in your state for compliance.
- AR ENG
- This Ondemand program is applicable for 1.5 professional development hours.*
*Please check the rules and requirements in your state for compliance.
- FL ENG 1.8
- This course has been approved for 1.8 PDHs by the Florida Board of Professional Engineers in the Areas of Practice.
- GA ENG
- This Ondemand program is applicable through the Georgia State Board of Registration for Professional Engineers.for 1.5 professional development hours.*
*Please check the rules and requirements in your state for compliance.
- IA ENG
- This Ondemand program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.*
- ID ENG 1.5
- This Ondemand program is applicable for 1.5 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.*
*Please check the rules and requirements in your state for compliance.
- IL ENG 1.5
- This program is applicable for 1.5 professional development hours through the Illinois Society for Professional Engineers.*
*Please check the rules and regulations in your state for compliance.
- IN ENG 1.8
- This Ondemand program is applicable for 1.8 professional development hours through the Indiana State Board for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- KS ENG 1.0
- This program is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and regulations in your state for compliance.
- KY ENG 1.5
- This Ondemand program is applicable for 1.5 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- LA ENG
- The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.5 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
- MD ENG 1.5
- Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.5 professional development hours.
- ME ENG 1.5
- This ondemand program is applicable for a maximum of 1.5 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.*
*Please check the rules and requirements in your state for compliance.
- MN ENG 1.0
- This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
- MO ENG 2.0
- This ondemand course is applicable for 2.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- MS ENG
- This ondemand course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- MT ENG 1.5
- This ondemand course is applicable for 1.5 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- NC ENG 1.5
- Lorman Business Center, Inc. is an approved sponsor of the North Carolina State Board of Examiners for Engineers and Surveyors. This course qualifies for 1.5 professional development hours for engineers.
- ND ENG 1.5
- The North Dakota State Board of Registration for Engineers and Land Surveyors does not pre-approve courses or providers.
This course may be applicable for professional development hours in your state. Please check your rules and requirements for compliance.
- NE ENG
- This course is applicable for professional development hours for engineers if the course is continuing engineering education for you..*
*Please check the rules and requirements in your state for compliance.
- NH ENG 1.5
- This course is applicable for 1.5 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
- NJ ENG 1.0
- Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers.
This course is applicable for 1.0 CPC credits for engineers. *
*Please check the NJ State rules and requirements for compliance.
- NM ENG 1.5
- This course is applicable for 1.5 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- NV ENG 1.5
- This course is applicable for 1.5 professional development hours through the Nevada State Board of Engineering and Land Surveyors.*
*Please check the rules and requirements in your state for compliance.
- OH ENG
- This ondemand course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.*
*Please check the rules and requirements in your state for compliance
- OK ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- OR ENG
- This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
- PA ENG 1.8
- This program is applicable for 1.8 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.*
*Please check the rules and requirements in your state for compliance.
- SC ENG 1.5
- This course is applicable for 1.5 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- SD ENG
- This course is applicable for professional development hours for engineers in South Dakota.*
*Please check the rules and requirements in your state for compliance.
- TN ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- TX ENG
- This Ondemand course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- UT ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- VA ENG 1.5
- This program is applicable for 1.5 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).*
*Please check the rules and requirements in your state for compliance.
- VT ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- WI ENG 1.5
- This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.*
*The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
- WV ENG 1.5
- This course is applicable for 1.5 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- WY ENG 1.8
- This course is applicable for 1.8 professional development hours for Wyoming engineers.*
*Please check the rules and requirements in your state for compliance.
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.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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Why Lorman?
Over 36 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

Jason J. Quintero
Carlton Fields
- Shareholder in the law firm of Carlton Fields, Tampa, Florida, office
- Practices construction law focusing primarily on contract disputes, defective construction claims mold remediation; and zoning and boundary disputes
- Board certified by The Florida Bar in construction law
- Has extensive trial and alternative dispute resolution experience, representing a variety of clients at trial, mediation, and arbitration proceedings
- Member of the ABA’s Real Property, Probate and Trust Law Section and the Forum on the Construction Industry
- Member of the of the Florida, New York and New Jersey Bars, and the Florida Bar Real Property Probate and Trust Law (RPPTL) section; chair of the Florida Bar Construction Law Institute
- Selected by Florida Super Lawyers as a Florida Rising Star, 2009-2011; selected for inclusion in Florida Super Lawyers, construction, 2013-2019; selected for inclusion in Florida Trend’s Legal Elite, 2019; listed in The Best Lawyers in America, construction law, 2016-2020
- Hillsborough County Bar Construction Law Committee
- J.D. degree, cum laude, Seton Hall University School of Law; B.A. degree, University of Florida
- Can be contacted at 813-223-7000 or [email protected]

Mark A. Smith, Esq.
Carey, O'Malley, Whitaker, Mueller, Roberts, & Smith, P.A.
- Shareholder in the law firm of Carey, O’Malley, Whitaker, Mueller, Roberts, & Smith, P.A., Tampa, Florida
- Practices construction law, focusing exclusively on construction litigation and construction contracting with experience in all aspects of construction litigation, including lien law, performance disputes, delay, construction defects, procurement issues and design claims
- Trial and alternative dispute resolution experience, representing a variety owners, contractors, subcontractors, and design professionals at trial, mediation, and arbitration proceedings
- Selected by Florida Super Lawyers as a Florida Super Lawyer; Selected to Florida Trend Legal Elite
- Member of the Florida Bar and the Ohio Bar
- Board certified in construction law by the Florida Bar
- J.D. degree, cum laude, University of Michigan School of Law; B.A. degree, Yale University
- Can be contacted at 813-250-0577 or [email protected]
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Why Lorman?
Over 36 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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