Wednesday, October 25, 2023
6:30 p.m. to 9:00 p.m.
Guest Coaches: Paul Winfield and Sami Fereig
Here at JADE, our focus has traditionally been on one area of alternative dispute resolution (ADR), namely mediation. Over the years we have explored various types of mediation, looking at both process and substantive issues with our guest coaches. But that’s only part of the ADR journey that many of our members have either followed, or wish to incorporate into their professional toolbox.
More and more, dispute resolution – and specifically having a third party resolve a dispute for the disputants – is moving away from the traditional route (the courts) and into private adjudication. In many areas of the law, private adjudication is actually the prescribed route. So what does that mean for ADR practitioners? In the area of construction disputes, it means understanding the process of adjudication.
In our session, A Brief Introduction to Construction Adjudication, our guest coaches will provide an explanation as to what this process is all about, thanks to the expert presentation from Paul Winfield. Then with the help of our other guest coach, Sami Feig, we will see a demonstration of some of the skills being used in the adjudication process. We will have a sample dispute in which Sami will work the process for our education, and ultimately prepare a Determination deciding the parties’ dispute, with Sami explaining why he came to his decision. We will then all have a chance to debrief and ask questions.
For those who have never had to make a decision in a dispute (instead working with the parties to help them reach their own determination in mediation), this will prove to be a fascinating insight into adjudication.
To sign up, click on the link on this page.
We look forward to seeing you on October 25, 2023.
Paul Winfield FCIArb, LL. B (Hons), BVC
Paul is an arbitrator and mediator with ADR Chambers in Toronto. Paul has over 34 years of construction commercial management and adjudication experience, progressing from site to executive level on commercial developments, industrial, transportation and infrastructure, oil and gas, processing plants, airports, rail, civil engineering, and nuclear facilities. Paul is a Certified Adjudicator in Ontario (ODACC), Saskatchewan (ADRSK) and Alberta (ARCANA) and a Referee for the Ontario Ministry of Transportation and Ontario Road Builders’ Association. Paul qualified as a barrister-at-law in England and Wales, obtaining Call in July 2010, and is a member of the Honourable Society of the Inner Temple and the General Council of the Bar (England and Wales). Paul is also a member of the Toronto Commercial Arbitration Society, the ADR Institute of Canada, and a fellow of the Chartered Institute of Arbitrators. Also, Paul has published written work, with contributions to ‘Introduction to Construction Contract Management’ (Routledge). For more information please see his website at: www.winfield-adr.com.
Prof. Sami M. Fereig, B.Sc. [Hons], M.A.Sc., Ph.D., LL.M. [Construction Law], P.Eng., PMP, F.ASCE, F.PMCOS
Sami has over 50 years of civil engineering experience in construction, contract management and dispute resolution. He received his Ph.D. from the University of Waterloo. He was the lead instructor of the Certificate Program in Conflict and Dispute Management for Project and Contract Managers at Conrad Grebel University College from 2002 to 2016. Sami was a senior bridge engineer and senior structural engineer in Ontario, designing and restoring bridges and roads. He is the founder and president of Fercan Corporation, which has provided development for a condominium project in Ontario, training, dispute resolution and project management for construction. He is involved in construction contract administration and project management with several organizations. During the years Sami was a professor at Kuwait University (1979 – 2008), he acted as an Arbitrator, Mediator and Expert Witness in several cases. He has published a five-volume work, in Arabic, entitled Construction Contract Management and Dispute Resolution, as well as numerous publications in his areas of specialty.