Participants in large infrastructure projects are recognizing the benefits of individually tailored mediation procedures for appropriate disputes. This session will focus on how sophisticated advocates and in-house counsel can work with experienced mediators to resolve high dollar, multi-party, complex, construction disputes.
Upon completion of this session, participants will be able to:
- Understand how to use ex-parte sessions with the mediator in advance of the mediation conference to maximize chances of success in the mediation process.
- Understand how structured presentations with experts followed by informational questions and "hot tubbing" of experts can set the stage for resolution.
- Understand how to adapt innovative mediation approaches to parties locked into intransigent factual/legal positions through evaluative mediation in which the mediator reviews and evaluates technical and legal positions and issues a detailed settlement proposal.