Learn the key issues including new statutory rules governing expert evidence & the mediation process

Date: 27th June 2017

Mediation has become the dispute resolution forum of choice when dealing with many construction disputes and with good reason, as a mediation properly addressed can lead to the compromise of even the most complex of construction claims.

It is however generally accepted that 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 in some detail on preparing for mediation 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.

All delegates will receive a highly informative course pack which may prove invaluable in the future, and will gain 5 structured CPD Hours.

Course Content Includes:

  • 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
  • Experts:
    • Expert reports: the requirements
    • The new statutory obligations applicable to experts
    • Arranging the exchange of expert reports
    • Arranging expert meetings and joint reports
    • The relevant court applications that will assist in addressing expert evidence issues in construction disputes
    • How to approach Scott scheduling and the preparation of schemes of remediation
    • Addressing costing and quantum issues. The specific problems that arise in construction disputes and how to address them
  • 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
    • The mediation agreement

This course would be very informative to solicitors, expert engineers, architects and surveyors. 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 4 Structured CPD Points. Please note certificates are issued only at the close of the training course to participants who complete the full 5 hours. 

Fiona Forde – Barrister at Law

B.A. B.A.I. Mechanical Engineering; Postgrad Dip. (Trinity) Construction Law & Contract Administration; MCIArb; MSc (Kings College London) Construction Law & Dispute Resolution 

Called to the Bar in 2002, Fiona is dual qualified as both a Barrister and a Mechanical Engineer. Fiona trained in London with the legal team of a global firm of consulting engineers before acting as legal adviser to their Irish offices and has experience in both contentious and non-contentious legal construction work. She holds a Masters Degree in Construction Law and Dispute Resolution, a Postgraduate Diploma in Irish Construction Law and Contract Administration and an LLM in Public Procurement Law and Policy. As a Barrister, Fiona has been instructed across the full spectrum of engineering and construction disputes from professional indemnity insurance, loss, expense and prolongation claims, defects claims, public procurement and adjudication. Fiona is familiar with all the major forms of construction contracts from the traditional Irish RIAI and IEI forms to NEC, FIDIC and the Irish Public Works forms.

Training Environment:

The course takes place at the CMG Professional Training centre, situated in the Apex Building in the Beacon Quarter of Sandyford, Dublin 18. The 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 and we have a range of coffee shops (including Starbucks) as well as shops and restaurants opposite the training centre.

Date, Time & Venue:

Date:  27th June, 2017

Times: 9.30 am to 1.30pm

Venue: Apex Building, Blackthorn Road, Sandyford Dublin 18

Course Cost:

This course costs €395 p.p. (Early-bird Rate), normal rate €445. 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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