Date
June 1, 2021
COURSE DELIVERY
Virtual
START TIME
9.30am
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Course Description

Mediation and Conciliation have long become the dispute resolution forum of choice when dealing with many 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 course will focus on how to best prepare for a mediation and or a conciliation in construction disputes. There will be specific emphasis on the mediation process and conciliation process, from the preliminary process meetings to the actual mediation and conciliation itself.  We will address issues on working with the mediator/conciliator, what documentation is required and how to obtain it. We will also examine how to pick the right person, correctly deal with clients, preparing the mediation /conciliation statement, and what to expect on the day.

All delegates will receive a highly informative course pack which may prove invaluable in the future.

Course Content

What is Mediation /Conciliation?

  • Neutral Assisted settlement?
  • Non Directional
  • Advantages
  • Disadvantages

What are the differences between conciliation and mediation

  • Mediation then Conciliation
  • Facilitate then Evaluate
  • Recommendation
  • RIAI process
  • Engineer’s Ireland process
  • PWC process

Mediation Act 2017 and Requirements

  • Agreement to mediate
  • Role of Mediator
  • Code of Practice
  • Confidentiality
  • Without Prejudice
  • Enforceability of mediated settlements
  • Role of lawyers
  • Role of Court
  • Mediation Settlement agreement

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
  • The Scott Schedule

Dealing with Clients

  • Handling clients’ expectations in advance of the mediation/conciliation
  • Instructions and authority
  • Who should attend the mediation/conciliation
  • Understanding the Mediator / Conciliator change

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
  • The Settlement Agreement

Where to next….when Mediation/Conciliation fails

  • The mediation pendulum
  • Options

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 of this one-day training course, you will receive your CMG MasterClass Certificate in Construction Mediation & Conciliation as well as your CPD Certificate. Please note certificates are issued at the close of the training course to participants on completion of the course. You will also receive a full Construction Mediation & Conciliation course pack to refer back to at any time in the future.

Please check directly with your association or awarding body to see how many points they will award.

Cost

An ‘Early Bird’ discounted rate of €425 is currently available. This training course normal rate is €525. Places are limited and are allocated on a first come first served basis. PLEASE NOTE THE EARLY BIRD RATE CLOSES 3 WEEKS PRIOR TO COURSE DATE.

The course cost includes all course documentation, Construction Mediation & Conciliation training pack and Certificates.

Tutor

Keith Kelliher
Kelliher and Associates Quantity Surveyors

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