© Navigant Consulting, Inc. - 2014

Are You Prepared for Mediation?Learn About the Strengths and Weaknesses of Mediation, How to Prepare for and

Participate in Mediation and Why It is Successful as a Form of Alternative Dispute Resolution (ADR)

Presenter - James G. Zack Jr, Michael Pettinella

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© Navigant Consulting, Inc. - 2014

Michael L. Pettinella

Associate Director, Navigant Consulting,

New York City

Nearly 10 years experience in analysis and scheduling

of construction projects

Performed forensic & proactive investigations

of many complex projects, including: The Bronx Criminal Courthouse

Deconstruction at the World Trade Center

Hospital Construction in Abu Dhabi, UAE

Environmental Remediation in Nova Scotia, Canada

Experienced in schedule delay analysis, productivity analysis, time extension requests, disputed extra work review, cost accounting & damages quantification

Deposed as a fact witness in New York State Supreme Court

B.S., Chemical Engineering, Villanova University2

© Navigant Consulting, Inc. - 2014

James G. Zack, Jr. Executive Director, Navigant Construction Forum™

“The construction industry’s premier resource for thought leadership & best practices on avoidance & resolution of construction project disputes globally”

40+ years experience in construction management & dispute analysis & resolution

Involved in more than 5,000 claims throughout U.S., Canada, Egypt, Chile, China, Guatemala, Germany, Kazakhstan, Kuwait, Netherlands, Peru, Saudi Arabia, Russian Federation , Trinidad & Tobago, Australia, India & Venezuela

Fellow of AACE International & Royal Institution of Chartered Surveyors

Former President, AACE International; founder of the CDR Committee; executive sponsor of PSP, CEP, EVP & CFCC Certifications; author of RP 25R-03 – Lost Productivity; sponsor of & contributor to RP 29R-03 - FSA

CCM, CFCC & PMP3

© Navigant Consulting, Inc. - 2014

Original paper “Are You Prepared for Mediation?” published in 2000

It’s purpose was to –Discuss mediation processIdentify why need to study mediationSet forth good & bad points of mediationOffer suggestions on how to prepare for

mediationSince that time, mediation has become more common as arbitration & litigation have declined

It’s time to revisit the issue of preparing for & being successful at mediation

Purpose

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© Navigant Consulting, Inc. - 2014

Mediation not new –Used as early as 1500 – 2000 BCE – Book of

Job 9:33 references mediation & used in 1800 BCE in ancient Syria

Used in ancient India, Islamic world, Greece, Rome & China, in maritime law, medieval Europe & Papal practice

In more modern times –President Theodore Roosevelt mediated the

end to Russo-Japanese war – 1906U.S. Labor Department mediated 33 disputes –

1913U.S. Conciliation Service created – 1917Federal Mediation & Conciliation Service

created - 1947

Mediation – A Brief History

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© Navigant Consulting, Inc. - 2014

To see the complete presentation check the below link:

http://www.audiosolutionz.com/construction-law/mediation-for-dispute-resolution.html