Learn the key issues including;
New Statutory Protection Mediation Act 2017

Date: 26th March 2018

Mediation has become the dispute resolution forum of choice when dealing with construction disputes and with good reason as mediation can lead to the compromise of even the most complex of construction claims. The more preparatory work done by the parties in advance of a mediation; the better the chance of settlement being reached.

This CPD course will focus on the New Mediation Act and how to best prepare for mediation in construction and fire related defects claims and construction payment claims, with specific emphasis on the new statutory rules governing expert evidence as well as the mediation process, from the preliminary process meetings to the actual mediation itself.  We will address issues on working with the mediator, what documentation is required and how to obtain it. We will also examine how to correctly deal with clients, preparing the mediation statement, and what to expect on the day.

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  • What is Mediation?
    • Neutral Assisted settlement?
    • Non Directional
    • Advantages
    • Disadvantages
  • Statutory protection Mediation Act 2017
    • Agreement to mediate
    • Role of Mediator
    • Code of Practice
    • Confidentiality
    • Enforceability of mediated settlements
    • Role of lawyers
    • Role of Court
  • When to go to Mediation:
    • When to go to mediation in a construction dispute
    • Pre-mediation meetings and their role in the mediation process
  • Working with the Mediator:
    • Deciding on the correct mediator for a dispute
    • Process calls or meetings with the mediator
    • What pre-mediation directions should be sought in a construction dispute
    • Adhering to the mediator’s pre-mediation directions and the relevant court applications to ensure adherence by other parties to the mediator’s directions
  • Mediation Documentation:
    • The particulars and documentation required for a successful construction mediation and how to obtain them in advance of the mediation
    • The relevant court applications that will assist in information gathering for a construction mediation
  • Dealing with Clients
    • Handling clients’ expectations in advance of the mediation
    • Instructions and authority
    • Who should attend the mediation
  • Preparing the Mediation Statement
    • Liaising with clients and experts for the purposes of drafting the mediation statement
    • What should be contained in the mediation statement
  • An Overview of the Mediation
    • What to expect on the day
    • Types of meetings/engagements undertaken during the day
    • Liability discussions and allocations
    • Getting the most out of the mediation

This course would be very beneficial to all public and private sector organisations, construction professionals, engineers, architects, government departments, local authorities, semi state bodies and surveyors to name just a few. It would be beneficial to anyone who is currently preparing for mediation, or to those who wish to gain a greater understanding of the process.

On completion, you will receive your CMG MasterClass Certificate of Attendance as well as your CPD Certificate containing 5 Structured CPD Points. Please note certificates are issued only at the close of the training course to participants who complete the full 5 hours. 

Gerry O’Sullivan

Chartered QS, Barrister-at-Law

Gerry is a highly experienced expert in construction law, & has extensive experience having worked on large & high profile educational, healthcare, commercial, residential & infrastructural projects.

Working with Mulcahy McDonagh & Partners (MMP) since 2000, he has served on many professional committees within the Construction Industry, and is Chairperson of the Society of Chartered Surveyors’ Dispute Resolutions Committee as well as Vice Chairman of the Society of Chartered Surveyors Dispute Resolutions Standing Committee. He is currently on the panel of conciliators/arbitrators/adjudicators for the Society of Chartered Surveyors Ireland, the CIF and Chartered Institute of Arbitrators, is a member of the Ministers Panel of Adjudicators, and is an accomplished author.

Training Environment:

CMG Professional Training courses take place at our state-of-the-art training facility in the Apex Building situated in the Beacon Quarter of Sandyford Industrial Estate, Dublin 18. The CMG Training Centre is accessible by the Luas, (Sandyford line, Stillorgan stop – 6 mins walk) several bus options (the number 11 travels from O Connell street Dublin and stops directly outside the training centre) and we are situated very close to the M50 at the Beacon Hospital corner. There are several car parks within a three minute walk from the training centre with very competitive ‘all day’ parking rates and we have a range of coffee shops (including Starbucks) as well as shops and restaurants nearby.

Date, Time & Venue:

Date:  26th March, 2018

Times: 9.30 am to 4.00pm

Venue: Apex Building, Blackthorn Road, Sandyford Dublin 18

Course Cost:

This course costs €395 p.p. (Early-bird Rate), normal rate €495. Includes course documentation and light refreshments. While the course fee does not include lunch, we do provide freshly made sandwiches, coffee and a range of teas and fresh juice for those who require a light lunch. Alternatively you can avail of the local food stores and coffee shops opposite the training centre for hot food or alternative lunch options.

   Telephone:+353 1 2933650

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Terms and Conditions:
General Terms and Conditions: Full Payment is due on booking. In the event of payment by cheque, must be received within seven days from date of invoice and in any case must be paid prior to attending the training course. If you are unable to attend, a substitute attendee may be sent at any time for no additional charge. Cancellations must be received in writing, by fax or letter, no later than 14 days prior to the event for a refund. Regrettably, no refunds can be made after that date. CMG Training reserves the right to make any necessary changes to the advertised training programme including a change of venue. The views expressed by the Trainers are not necessarily those held by the organisers, nor is the organiser responsible for tutors/trainers opinions or statements.

CHANGING BOOKING TO ANOTHER ADVERTISED DATE. If you wish to change your booking to another advertised date for the same course, you must do so no later than 7 days prior to the event taking place. In the case of a request to change to another advertised date with less than 7 days’ notice, it will be treated as a new booking and liable for payment as a new booking. CMG Training reserves the right to make any necessary changes to the advertised training programme including a change of venue. The views expressed by the Trainers are not necessarily those held by the organisers, nor is the organiser responsible for tutors/trainers opinions or statements.

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