This document discusses preparing for mediation in construction disputes. It provides biographies of the two presenters, James G. Zack Jr. and Michael Pettinella, who have extensive experience in construction management, dispute analysis, and mediation. The presentation aims to discuss the mediation process, why studying mediation is important, the strengths and weaknesses of mediation as a form of alternative dispute resolution, and suggestions for how to prepare for and be successful in mediation. Mediation has a long history dating back thousands of years and was used in many ancient societies and continues to be used today as an alternative to litigation and arbitration.

1. © 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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2. © 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 University
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3. © 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 & PMP
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4. © Navigant Consulting, Inc. - 2014
Original paper “Are You Prepared for Mediation?”
published in 2000
It’s purpose was to –
Discuss mediation process
Identify why need to study mediation
Set forth good & bad points of mediation
Offer suggestions on how to prepare for mediation
Since 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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5. © 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 – 1906
 U.S. Labor Department mediated 33 disputes – 1913
 U.S. Conciliation Service created – 1917
 Federal Mediation & Conciliation Service created - 1947
Mediation – A Brief History
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6. © Navigant Consulting, Inc. - 2014
To see the complete presentation check the
below link:
http://www.audiosolutionz.com/construction-law/mediation-for-
dispute-resolution.html