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Construction Conciliation & Mediation

  • 5 CPD Hours Apex Building, Blackthorn Road, Sandyford Business District, D. 18 (map)

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

Conciliation and Mediation have become the dispute resolution forum of choice when dealing with construction disputes, and with good reason as mediation/conciliation 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 mediatorwhat documentation is requiredand how to obtain it. We will also examine how to correctly deal with clientspreparing the mediation statement, and what to expect on the day.

Course Content

  • What is Mediation /Conciliation?

    • Neutral Assisted settlement?
    • Non Directional
    • Advantages
    • Disadvantages
  • What are the differences between conciliation and mediation

    • Recommendation
    • RIAI process
    • Engineer’s Ireland process
    • PWC process
  • 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/Conciliation:

    • When to go to mediation/conciliation in a construction dispute
    • Pre-mediation/conciliation meetings and their role in the mediation/conciliation process
  • Working with the Mediator/Conciliator:

    • Deciding on the correct mediator/conciliator for a dispute
    • Process calls or meetings with the mediator/conciliator
    • What pre-mediation/conciliator directions should be sought in a construction dispute
    • Adhering to the mediator’s/conciliator’s pre-mediation/conciliation directions and the relevant court applications to ensure adherence by other parties to the mediator’s /conciliator’ directions
  • Mediation/Conciliation Documentation:

    • The particulars and documentation required for a successful construction mediation/conciliation and how to obtain them in advance of the mediation/conciliation
    • The relevant court applications that will assist in information gathering for a construction mediation/conciliation
  • Dealing with Clients

    • Handling clients’ expectations in advance of the mediation/conciliation
    • Instructions and authority
    • Who should attend the mediation/conciliation
  • Preparing the Mediation /Conciliation Statement

    • Liaising with clients and experts for the purposes of drafting the mediation/conciliation statement
    • What should be contained in the mediation /conciliation statement
  • An Overview of the Mediation/Conciliation

    • 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/conciliation

Who Should Attend?

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 / conciliation, or to those who wish to gain a greater understanding of the process.

Certification

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

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.

Earlier Event: September 24
Money and Delay Claims in Construction
Later Event: October 11
ATEX Awareness Training