Certificate in Construction Dispute Mediation

Start Date 23 October 2018 at 6:00 pm
Assessment 2,500-word written assignment (80%) and continuous assessment (20%)
Delivery Method Blended learning: Onsite and online lectures with onsite workshops
CPD Hours The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions.  For further information and the booklet, see CPD scheme.
Course Leader Hari Gupta, Course Leader: H.Gupta@LawSociety.ie.

Price:

€1,550.00

The Law Society Diploma Centre are Registered Training Providers with Engineers Ireland.


Application information

The closing date for applications for this course was Tuesday 16 October 2018. We are happy to announce that the deadline has been extended. Late applications are accepted but confirmation of course registration may take a number of days as the deadline has passed. Thank you for bearing with us.

Solicitors and Trainees

To pay online click on the 'Book Now' button. For all other methods of payment including, draft, cheque and EFT please see our methods of payment.

Non-Lawyers

We welcome applications for this course from suitably qualified professionals. This application will need to be approved before you can book online and is subject to a supplemental fee of €100 making the total course fee €1,650. To apply please email the following documents to diplomateam@lawsociety.ie:

  1. Completed application form
  2. Curriculum Vitae
  3. Short cover letter setting out your relevant experience

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Further information on this course including course structure, module scheme, faculty and workshop dates are set out below. Clicking on the links will bring you directly to that section or simply scroll through to read all the content.

Programme objectives

On completion of this training programme, participants will have a practical understanding of:

  • How and when to use mediation as a dispute resolution forum for construction disputes;
  • The practical preparatory steps required for a successful mediation in a construction dispute;
  • A typical construction dispute mediation process;
  • When to decide to go to mediation in a construction dispute;
  • Deciding on the mediator;
  • Directions and process meetings with the mediator;
  • Steps to be taken before a construction dispute mediation;
  • Court applications relevant to and supporting the construction dispute mediation process;
  • What to do on the mediation day itself in order to ensure optimum chances of settlement;
  • Preparing the mediation statements; and
  • Dealing with technical and expert evidence in a construction dispute mediation including dealing with expert and costs reports, Scott scheduling, remediation works proposals and settlement in a construction dispute mediation context.

Programme structure and approach to learning

This course is specifically orientated towards parties who would like to learn more about mediation as a potential dispute resolution forum for construction disputes. This course will focus primarily on the practical preparatory steps required for a successful mediation and will bring participants through a typical mediation process, from when to decide to go to mediation, deciding on the mediator, directions and process meetings with the mediator, steps to be taken before the mediation, and what to do on the mediation day itself to ensure optimum chances of settlement.

The programme is based on the following module scheme and covers key themes as listed below:

Modules

Module 1: When and why go to mediation

 

  • The advantages of mediation in a construction dispute
  • The timing of the mediation

Module 2: Working with the Mediator

 

  • Deciding on the correct mediator for the dispute
  • Process calls or meetings with the mediator
  • What pre-mediation directions should be sought
  • Adhering to the mediator’s pre-mediation directions

Module 3: Information gathering

  • The particulars and documentation required for a successful mediation and how to obtain them in advance of the mediation
  • Court applications relevant to and supporting the construction mediation process

Module 4: Dealing with experts

  • Arranging the exchange of expert reports
  • Arranging expert meetings and joint reports
  • In the case of construction disputes, considering how to approach Scott scheduling and prepare schemes of remediation
  • Quantum reports

Module 5: Dealing with clients

  • Handling clients’ expectations in advance of the mediation
  • Instructions and authority
  • Who should attend the mediation

Module 6: Preparing the Mediation Statement

 

  • Liaising with clients and experts for the purposes of drafting the mediation statement
  • What should be contained in mediation statement

Module 7: An overview of the Mediation

 

  • What to expect on the day.
  • Types of meetings/engagements undertaken during the day
  • Liability discussions, allocations and settlement

Workshops

Workshops are a key feature of this course. These are designed to be interactive and working in groups on selected case study problem and analysis:

  • Workshop 1: 20 November 2018 - The preliminary meeting and preparing the mediation statement
  • Workshop 2: 22 January 2019 - Mock construction dispute mediation

Assessments

2,500-word written assignment (80%) and continuous assessment (20%).

Who should attend?

This course is suitable for the following:

  • Solicitors, barristers, and trainees
  • Mediators, expert witnesses and any other parties looking to gain specialist knowledge in the area of construction mediation.
  • Clients, client representatives, builders, contractors, engineers, architects, surveyors management companies, insurers and any other parties with an interest in construction dispute resolution.
  • We welcome applications for this course from suitably qualified non-members. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee, which amounts to €100 in respect of a certificate application.

Faculty

The teaching faculty for this diploma comprises a fantastic array of mediators, experts and lawyers who are extremely experienced in construction dispute mediation and who can bring that invaluable practical experience to bear in lectures. Lecturers include:

  • Gavin Carty, Kent Carty Solicitors
  • Rossa Fanning S.C., The Law Library
  • Fiona Forde B.L., The Law Library
  • Helen Kilroy, McCann Fitzgerald Solicitors
  • Aidan O’Connell, AOCA Engineering Consultants
  • James O’Donoghue, Bluett & O’Donoghue Architects
  • Kevin Rudden, Garland Consulting Engineers [TBC]

CPD

The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions. For further information and the booklet, see CPD scheme.

Contact

Hari Gupta, Course Leader: H.Gupta@LawSociety.ie.

 

*Every effort has been made to ensure the information contained in these pages is accurate and up to date. However timetables and course content are subject to change and date and time changes may occur due to factors beyond our control.

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Price:

€1,550.00