Construction SuperConference 2019

S01 Maximizing Mediation and Arbitration Success (Room Palos Verdes 6)

Mediation and arbitration have become time honored methods for resolving disputes. However, the success of mediation and arbitration is driven by an understanding of how best to present your case. This program will be presented by three highly experienced attorneys in the Alternate Dispute Resolution arena. The panel will include Deborah Mastin, a respected national mediator, who will provide insights on which strategies work effectively, which do not, and best practices to prepare and present disputed positions in a mediation session. Bill Franczek, an experienced construction arbitrator, will present on effective means of preparing and presenting a case to an arbitrator, from an arbitrator's perspective. Steve Hilger, a national trial lawyer in the construction law arena, will present on the differences of trial vs. arbitration preparation and how best to present a case to meet the needs of the arbitrators, as suggested by Bill Franczek. Each of these three individuals will share their experiences in a panel format.

Upon completion of this session, participants will be able to:
  • Understand effective mediation and conflict avoidance strategies to enhance the probability of success in contested mediation proceedings.
  • Understand the expectations of arbitrators and how best to meet those expectations from three experienced arbitrators.
  • Understand how to streamline case presentation and preparation.