Mediation and Arbitration in Real Estate and Construction Disputes

Leveraging Alternative Dispute Resolution to Achieve Favorable Outcomes

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, April 6, 2011

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance to counsel to resolve complex issues in construction and real estate disputes through mediation and arbitration. Our panel will explore key strategies aimed at saving time and expense in alternative dispute resolution at the contract drafting stage and after a dispute arises.


The inclusion of pre-dispute mediation and arbitration clauses is often critical in construction and real estate contracts due to the complexity and wide array of disputes that can arise.

In addition, preparing for and utilizing effective advocacy skills during the arbitration or mediation increases the likelihood of favorable client outcomes, by saving them time and money as well as achieving their business objectives.

Counsel involved in construction and real estate contracts can arm themselves by drafting effective pre-dispute mediation and arbitration clauses, using ADR methods appropriate for construction and real estate dispute resolution, and leveraging effective techniques during mediation or arbitration.

Listen as our authoritative panel discusses considerations in selecting the right neutral, explains ways to prepare for mediation or arbitration, addresses strategies that work and don’t work, and points out drafting considerations.



  1. Contract Terms
    1. Whether to Include Pre-Dispute Mediation and Arbitration Clauses
    2. Modification of AAA Standard Clauses: Pros and Cons
    3. Types of Construction and Real Estate Agreements Benefiting from Avoiding Litigation
  2. Mediation
    1. Differences between Pre-Dispute Contracts and Post-Dispute Agreements to Mediate
    2. Preparing for Mediation
    3. Finding the Right Mediator
    4. Managing Client Expectations
    5. Effective Advocacy During Mediation
    6. Avoiding and Overcoming Impasse
    7. The Settlement Terms Sheet or Agreement
  3. Arbitration
    1. Customizing the Arbitration Process
    2. Cost-Management
    3. Time Management
    4. Use of Expert Testimony
    5. Avoiding Vacatur of the Arbitration Award


The panel will review these and other key questions:

  • What are the key considerations to determine whether to include pre-dispute mediation or arbitration clauses in construction and real estate contracts?
  • What are the best practices for selecting the neutral and presenting the case during the mediation or arbitration?
  • What techniques can counsel employ to avoid or overcome impasse?
  • How should attorneys manage a client's expectations prior to and during the mediation or arbitration?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Paul M. Lurie
Paul M. Lurie

Schiff Hardin

He is a construction lawyer for over 40 years and an experienced ADR teacher, construction mediator and arbitrator....  |  Read More

Michelle M. Leetham
Michelle M. Leetham

Of Counsel
Ogletree Deakins

She represents employers in labor and employment matters in state and federal court, and clients in mediations,...  |  Read More

Adrian L. Bastianelli, III
Adrian L. Bastianelli, III

Peckar & Abramson

He has specialized in construction claims and litigation for forty years and is a leader in the construction bar. He...  |  Read More

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