Mediating Complex Construction Disputes
George D. Calkins amd Victoria Chaney
Construction mediation is a specialized form of mediation. This course examines many of the unique characteristics of the construction mediation process, including preparing for the mediation, the mediator's changing roles with multiple constituencies at various stages in the mediation process, and closing construction defect mediation settlements. In addition, the course considers how the construction mediation process impacts the court's conception and treatment of the process, including case management orders and legal theories regarding construction defect claims, defenses, and damages. While it is expected that most participants will have experience in construction defect law, the course addresses basic, practical considerations.
What you will learn:
- History and development of the case management order (CMO)
- Effective use of the CMO process ? practice tips
- Things to include in the CMO
- Acting as a discovery referee ? see the Foxgate case
- Identifying factual and legal issues of a construction mediation
- Meeting with plaintiff and developer to determine scope
- Ensuring early establishment of scopes of work for subcontractors
- Establishing a separate track for additional insured issues
- Identifying "peripheral" players and setting up an early mediation
- Use of specific agendas for mediation sessions
- Mediation techniques
- Full and partial settlements
- Mediator's role vis-?-vis the court
George D. Calkins practices in the area of construction law,
with an emphasis on the analysis, investigation, litigation, arbitration,
mediation, and settlement of all forms of construction disputes. He has served
for twelve years as a construction arbitrator/mediator, and presided over 400
arbitration/mediation proceedings involving diverse construction issues,
including service as arbitrator and mediator on the Law Complex Case
Arbitration and Mediation Panels for construction disputes with the American
Arbitration Association and the Public Works Arbitration Program.
The Honorable Victoria Chaney, has served on the Los Angeles Superior Court since 1994, presiding over a broad spectrum of felony and civil trials. She also serves as the assistant managing judge for the Complex Litigation Program for Los Angeles County where she presides over corporate, business, insurance coverage, construction defect, mass tort, toxic tort, and class action cases. Off the bench, Judge Chaney is also known as a highly skilled mediator. She received her J.D. from Loyola Marymount in 1977, following a successful career as a registered nurse.