How To Handle A Construction Case Mediation

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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: 

• The procedures, methods, and techniques common to all mediations;
• The unique problems and issues in a construction case mediation;
• The issues that you need to be prepared to deal with during the pre-mediation conference;
• How to handle the pre-mediation position paper;
• The issues that you should expect to arise in a group opening session;
• How the parties should interact during the breakout session for an effective mediation;
• How to deal with the Settlement Agreement in concluding the mediation;
• How to manage the ethical issues that can arise during the confidential process of mediation; and
• Much more!

Program Coordinator/Moderator:
Stanley N. Wasser, Feldman Wasser, Springfield

Program Speakers/Participants:

• Mediators:
  Hon. Clifford Meachum (ret.), ADR Systems, Chicago
  Hon. Robert Quinn (ret.), ADR Systems, Chicago
  Stanley P. Sklar, Dispute Resolution Services, Northbrook
• Other Roles:
  David T. Arena, Dimonte & Lizak, LLC, Park Ridge
  Geoffrey A. Bryce, Bryce, Downey & Lenkov, LLC, Chicago
  Portia C. Kayser, Fisher Patterson Sayler & Smith LLP, St. Louis
  Steven D. Mroczkowski, Carlson & Dash, Chicago
  Margery Newman. Bryce, Downey & Lenkov, LLC, Chicago
  Eric Singer, Ice Miller LLP, Lisle
  Stanley N. Wasser, Feldman Wasser, Springfield

Agenda

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*

• The Owner
• The Architect with Insurer
• The Contractor with Insurer
• The Subcontractor with Insurer

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.