How To Handle A Construction Case Mediation

June 29, 2017
8:30 a.m. – 5:00 p.m. (breakfast served at 8:00)
7.25 MCLE hours, including 7.25 approved Professional Responsibility MCLE credit hours
Presented by Construction Law
Co-sponsored by Alternative Dispute Resolution

Chicago
ISBA Regional Office
20 S. Clark Street, Suite 900
(map and directions)
Or Online Course

 

Click here to register for the CHICAGO program.

Click here to register for the LIVE WEBCAST.

 

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

 

NOTE: Your registration includes access to electronic course materials that will be sent to you via email prior to the seminar. Printed course materials may be purchased for a nomial fee via the registration page.

 

 

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.