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Resolving Construction Disputes Through Mediation: A Comprehensive Guide

Alternative Dispute Resolution CLE

Resolving Construction Disputes Through Mediation: A Comprehensive Guide

Live Webcast Date: Thursday, December 06, 2018 at 12:00 pm - 1:00 pm (ET)
Alternative Dispute ResolutionConstructions LawRecording

One of the commonly used strategies for the settlement of construction disputes is mediation, a type of alternative dispute resolution (ADR) which includes a mediator as a neutral third party to help facilitate settlement. It is a non-binding and flexible method where both parties are given the chance to collaborate and arrive at a desired resolution. However, if not handled properly, mediation could result to risks which may hamper the settlement and aggravate the dispute.

To mitigate this risk, it is imperative that both parties and their counsels have a complete understanding of the mediation know-hows to avoid potential problems that may arise during the mediation process.

Join a panel of key thought leaders assembled by The Knowledge Group as they bring the audience to a road beyond the basics of resolving construction disputes through mediation. Speakers will also provide the audience with best mediation strategies to effectively and efficiently overcome a construction dispute.

This Webcast will discuss the following key provisions:

  • Mediating Construction Disputes: A Primer
  • Alternative Benefits of Mediation
  • Mediation Process and Requirements
  • Best Mediation Strategies in Construction Disputes
  • 2019 Outlook

Who Should Attend

  • Construction Lawyers
  • Construction Industry Professionals
  • Risk Managers
  • Executives
  • Contractors and Subcontractors
  • Owners of Construction Projects
  • Insurance Lawyers
  • In-house Counsel
  • Other interested/related professionals

Preview Podcast

Please click the podcast below to hear the speakers discuss the key topics for this webcast.

Faculty

Gary M. Stein

Gary M. Stein
Co-Managing Partner
Peckar & Abramson, P.C.

Steven Nudelman

Steven Nudelman
Partner
Greenbaum, Rowe, Smith & Davis LLP

Click Here to Read Additional Material

SEGMENT 0:
Gary M. Stein, Co-Managing Partner
Peckar & Abramson, P.C.
  1. Developing the theme of your case for mediation.
  2. Developing reasonable goals for the mediation.
  3. Make sure you know your audience for the mediation (which includes your client, the opposing party, the opposing attorney, and the mediator) and prepare accordingly.
  4. Managing your client's expectations.
  5. How to properly prepare yourself, your client and the mediator for the mediation.
  6. Understanding the key issues that are driving the dispute.
  7. Multi-party mediations – how to prepare.

SEGMENT 2:
Steven Nudelman, Partner
Greenbaum, Rowe, Smith & Davis LLP
  1. Commencement of the mediation
  2. Selecting a mediator
  3. The preliminary mediation teleconference
  4. Participants in the mediation session(s)
  5. Parts of the mediation session:  joint session / caucus
  6. Conclusion of mediation session: settlement / impasse / continuation
  7. Mediation techniques to overcome a stalemate or impasse

Gary M. Stein

Gary M. SteinCo-Managing PartnerPeckar & Abramson, P.C.

Gary M. Stein is the Co-Managing Partner of Peckar & Abramson’s Miami office.  He also currently serves as general counsel for the South Florida Chapter of the Associated General Contractors of America (South Florida AGC).

Mr. Stein’s primary area of practice is construction law and he is certified by the Florida Bar as a Construction Law Specialist.  His practice includes the representation of general contractors, construction managers, subcontractors, owner/developers and other construction professionals in the litigation, arbitration and mediation of construction and design defect claims, contract claims, construction lien claims, delay and impact claims, surety bond claims, insurance claims and related matters on low-rise, mid-rise and high-rise residential, commercial and municipal projects.

Mr. Stein has served as an arbitrator through the American Arbitration Association since 1989 and as a mediator in many large complex construction and commercial disputes.

Steven Nudelman

Steven NudelmanPartnerGreenbaum, Rowe, Smith & Davis LLP

Steve is a partner in the Litigation Department of Greenbaum, Rowe, Smith & Davis LLP, where he is a member of the Construction Practice Group. The firm has offices in Woodbridge and Roseland, New Jersey and in New York. Steve concentrates his practice in construction law and represents owners, contractors and design professionals in construction-related claims and disputes. He also represents community associations, unit owners and developers in lawsuits regarding construction defects, budgeting and financing issues and condominium governance. Steve maintains an active transactional practice, negotiating and drafting construction contracts for his clients. He frequently lectures industry groups and bar associations on construction law topics and is the legal columnist for two specialty trade publications, Plumbing Engineer and PHC News. Steve is also an author of the New Jersey Construction Q&A chapter of Practical Law, and the New Jersey chapter of CPI LienLaw Online.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   General Knowledge of construction litigation

Course Code:
   147736

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
   1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Long known for leadership and innovation in construction law, Peckar & Abramson's Results Firstâ„  approach extends to a broad array of legal services — all delivered with a commitment to efficiency, value and client service since 1978. Now, with more than 100 attorneys in ten U.S. offices and affiliations around the globe, our capabilities extend farther and deeper than ever. Our experience in the courtroom and in dispute resolution, coupled with our ability to provide genuinely insightful legal advice and commercial representation, help a wide range of clients maximize opportunities, meet challenges, solve problems and manage risk.

Website: http://www.pecklaw.com/

Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.

Website: https://www.greenbaumlaw.com/

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