Chicago
ISBA Regional Office
20 S. Clark Street, Suite 900
(map and directions)
Or
Online Course
Don’t miss this full-day mock demonstration based on an
actual multi-party construction case mediation!
Watch and listen as seasoned lawyers demonstrate a construction case from the pre-mediation stage to the settlement agreement and learn which methods and techniques are most useful in a construction mediation case. Attorneys with basic or intermediate practice experience who attend this seminar will better understand:
Program Coordinator/Moderator:
Stanley N. Wasser, Feldman Wasser, Springfield
Program Speakers/Participants:
8:00 - 8:30 a.m. Complimentary Continental Breakfast
8:30 – 9:00 a.m. Introduction*
This session demonstrates the key stages of a mediation process following the selection of a mediator, and shows the practitioner how to handle a construction-related dispute using a “Risk Analysis” mediation approach. This segment also highlights and discusses several ethics issues that may arise in the mediation of a construction-related dispute.
9:00 – 10:00 a.m. The Pre-Mediation Conference*
This segment examines a pre-mediation conference by addressing the following issues: Is the dispute ready for mediation? What if the project is still under construction or alternatively, substantially complete? How do the parties desire to handle any pre-mediation discovery? How do the parties and mediator desire to handle pre-mediation position papers? How to ensure that responsible decision-makers are present and particularly where the participant is an insurer or a public body? Can the parties expect the mediator to take an evaluative, hands-on approach, or to merely be a facilitator?
10:00 – 10:45 a.m. The Pre-Mediation Position Paper*
This panel discusses the pre-mediation position paper, including: what it is; how to handle a shared position paper vs. a confidential position paper; how to effectively communicate the design/construction aspects of the issues; how to communicate the construction law aspects of the issues; and how to use the “construction tree” approach to outline the parties, their roles, and the various cases of action.
10:45 – 11:00 a.m. Break (beverages provided)
11:00 a.m. – 12:15 p.m. The Group Opening Session*
Gain a better understanding of the group opening session with this informative segment. Topics include: whether or not the mediator should conduct a group opening session; what should be addressed in a group opening session given the complexity and document-intensive nature of a construction dispute; how a party should present their opening statement; who should deliver the opening statement; knowing who the real opening statement audience is; using visual aids; and whether or not damages should be discussed in the opening session.
12:15 - 1:00 p.m. Lunch (on your own)
1:00 – 3:30 p.m. The Mediation Break-Out Sessions*
This segment demonstrates several mediation break-out sessions and addresses the following issues: How should the mediator structure and handle the break-out sessions? What should a party expect in a break-out session and what should a party and its attorney be prepared to address with the mediator in a break-out session? Should party representatives and/or their attorney be invited into another party’s caucus room? How should a contractor and subcontractor, or an architect and its sub-consultant, interact during the break-out sessions? Should the mediator caucus with an insurer separately from the insured? How should offers and demands be handled? How does a mediator convince a party to permit sharing of information with an adversary party? Are partial settlements an option between only some of the participating parties? How does the mediator handle the party/attorney who is ready to walk?
3:30 – 3:45 p.m. Break (refreshments provided)
Sponsored by the Illinois Bar Foundation
3:45 – 4:15 p.m. The Settlement Agreement*
Get the information you need regarding Settlement Agreements, including: why the Settlement Agreement is necessary; who to include in the Settlement Agreement; how to handle warranties, contingent future liability risks, waivers, and releases in the Settlement Agreement; how (and what) to address if the project is not completed; litigation and/or unresolved issues, such as insurance coverage; and which enforcement terms to include in the Settlement Agreement.
4:15 – 5:00 p.m. Ethical Issues in the Mediation of Construction Disputes*
This segment addresses the ethical concerns that came to light throughout the earlier segments, as well as a discussion regarding the types of ethical issues you can expect and how to handle the ethical issues regarding the confidential nature of mediation.