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
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.
- Contract Terms
- Whether to Include Pre-Dispute Mediation and Arbitration Clauses
- Modification of AAA Standard Clauses: Pros and Cons
- Types of Construction and Real Estate Agreements Benefiting from Avoiding Litigation
- Differences between Pre-Dispute Contracts and Post-Dispute Agreements to Mediate
- Preparing for Mediation
- Finding the Right Mediator
- Managing Client Expectations
- Effective Advocacy During Mediation
- Avoiding and Overcoming Impasse
- The Settlement Terms Sheet or Agreement
- Customizing the Arbitration Process
- Time Management
- Use of Expert Testimony
- 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
He is a construction lawyer for over 40 years and an experienced ADR teacher, construction mediator and arbitrator.... | Read More
He is a construction lawyer for over 40 years and an experienced ADR teacher, construction mediator and arbitrator. Who's Who Legal: Illinois ’08 noted, he "helped define the construction Bar in Illinois". He ranks #1 of Top 10 Leading Construction Lawyers in Illinois (2010) by their peer surveys.Close
Michelle M. Leetham
She represents employers in labor and employment matters in state and federal court, and clients in mediations,... | Read More
She represents employers in labor and employment matters in state and federal court, and clients in mediations, arbitrations, hearings and trials. She frequently speaks on construction and arbitration matters. She was manager of litigation for international construction firm, Bechtel Corporation.Close
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
He has specialized in construction claims and litigation for forty years and is a leader in the construction bar. He represents primarily general contractors, but has represented all sectors of the industry. He also has had an active ADR practice and written and spoken extensively on the subject.Close