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Construction Mediation [150784]

 49.95  44.64 
This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.

Features

One of the first books to address mediation for construction disputes.
Mediation of growing importance for setting commercial disputes.
The author, a construction professional, has extensive experience in conducting mediations and training.

Contents:
Chapter 1 The Construction industry is great at creating disputes
Contractual
The no contract scenario
The 'is there/is there not' a contract scenario
Incompatible contracts
All-risk contracts
Unrealistic performance criteria
Financial
A low-margin industry
Claim cultures
The squeeze game
Culture
Adversarial
Fragmented
High failure rate
Complexity
Incurable optimism
External factors
Weather-sensitive
Consultants
Government legislation
Why people get into disputes
Communication
Personality
Interpretation
Chapter 1 in a nutshell
Chapter 2 The Dispute Resolution options
Consensual methods of resolving disputes
Negotiation
Conciliation
Mediation
Arb/Med and Adj/Med
Court Settlement Procedure
Resolving disputes through recommendation
Neutral fact-finding
Dispute Review Boards
Early Neutral Evaluation
Mediator recommendation
Conciliation
Imposed solutions to disputes
Med/Arb and Med/Adj
Adjudication
Ombudsman
Expert Determination
Tribunals
Arbitration
Litigation
Why traditional methods fail the parties
Inherent injustice
Cost and Time
Adjudication is not the 'Saviour'
The better options for Dispute Resolution
Consensual Processes
Partnering
Dispute Avoidance
Chapter 2 in a nutshell
Chapter 3 The case for the Mediation of Construction Disputes
Better deals
Speed and economy
Flexibility in process and outcome
Finality of outcome
Mediator 'added value'
Getting off the treadmill
Ongoing relationships
Day in Court
Commercial v Legal
It adds another layer of cost
It is too 'touchy-feely'
Mediation is non-binding and has no teeth
Mediation is all about compromise
Mediation is all talk, no commitment
Chapter 3 in a nutshell
Chapter 4 Preparing for Mediation
Typical framework
Stages of mediation
Preparation by the Mediator
Preparation by the Parties
When to mediate
How long should the mediation take?
Who to choose as Mediator
Mediator fees
Co-Mediation
Assistant Mediators
Conflicts of interest
Documents
Where to mediate
Who attends?
Authority
Who presents?
Dry run?
Pre-mediation meeting
Pre-mediation contact
The Mediation Agreement
Risk analysis
Anticipate the settlement
Chapter 4 in a nutshell
Chapter 5 Presenting at the Mediation
Arrival
Pre-Meeting
Initial joint meeting
Using the joint meeting
Exploring stage
Giving and receiving information
Idle time
Other's shoes
Non-financials
Chapter 5 in a nutshell
Chapter 6 Negotiating at the Mediation
Negotiation zones
Reviewing
Bottom lines
Negotiation strategy
Incompatible styles
First offers
Offer logic
Getting into deadlock
Pain-pain
Keeping options open
Non-financials
And finally
Chapter 6 in a nutshell
Chapter 7 Concluding the Mediation
Finality
Deals with dignity
Part-deals
No deal
Writing the settlement agreement
What can go wrong?
Cooling off period
Mediator recommendation
Mediator liability
Chapter 7 in a nutshell
Chapter 8 Roles in Mediation (who does what?)
Client
Legal advisor
Counsel
Experts
Consultants
Support staff
Mediator
Assistant
Co-Mediator
Chapter 8 in a nutshell
Chapter 9 Avoiding disputes in the Construction Industry
The positive side of conflict
Creating a culture that is positive
Twelve rules and challenges
1. Establish clear, simple and constant lines of communication
2. Establish clear roles, responsibilities, accountabilities and systems
3. Practice (and therefore model) openness/transparency
4. Build trust from the start; co-operate rather than confront
5. acknowledge problems, don't bury them
6. Treat mistakes as learning points, not blame-makers
7. Get the 'headline' agreed
8. Listen, an show that you have heard
9. Establish what parties need, rather than what they claim
10. Involve a neutral early when disagreements are unresolved
11. Re-evaluate agreements and headlines in the light of resolution
12. Re-commit to the relationship/contract
Partnering
Chapter 9 in a nutshell
Chapter 10 The Mediation Landscape
Deal Mediation
What is it?
What does the Deal Mediator do?
Difference between a Deal Mediator and Dispute Mediator
Project Mediation
Dispute Mediation
Facilitation
Preparing for the Facilitation
Agenda
Structure of the day
Open space
Role of Mediator as Facilitator
Consensus-building
Bespoke Mediation processes
Construction Conciliation Group
RICS Neighbour Dispute Service
Tiered Resolution
Chapter 10 in a nutshell
Chapter 11 Conclusion - how to win at Mediation
Prepare well
Chose the right Mediator
Get the best out of the opening joint session
Co-operate
Have a drink!
And remember
Appendix
Summary of relevant law
Risk Analysis checklist
Decision tree
Pre-mediation checklist
Typical Mediation Agreement
Typical Settlement Agreement
Mediation Providers.
Construction Mediation
Author:  Richbell, David
Date Published:  March 2008
Document Type:  Books
Format:  Paperback
ISBN:  1405169311
ISBN13:  9781405169318
Pages:  192
Publisher:  John Wiley and Sons Ltd
Quantity: