• Jul 30
  • 10.00am - 12.45pm

RIAI Conciliation Refresher Course - The Standing Conciliator

  • CPD Events
  • Live Webinars
  • Member Events
  • Webinar
Date:
Thursday 30 July 2020
Time:
10.00am - 12.45pm
Cost:
RIAI Practice Rate; €90 RIAI Member Rate: € 105; Non Member Rate: €120
Location:
Webinar
RIAI CPD:
3 Structured CPD Points

Event Information

The RIAI presents the RIAI Conciliation Refresher Course in a live interactive online format, via Zoom, on Thursday, 30 July.

Background

The Public Works contracts PWC 1-4 dispute management provisions include for the appointment of Project Boards and Standing Conciliator which is mandatory for projects in excess of €10M and discretionary for smaller projects. This has introduced the process of dispute avoidance into the public works contract. Many of these contracts are underway and some members will have experience of the process either or employers' representative or as standing conciliator.  

The Course Aim

The purpose of this course is to bring RIAI members up to date on the role of Project Boards and the Standing Conciliator in the Public Works Contract and how this is working in practice. It will be of particular interest to RIAI dispute resolution practitioners, particularly those seeking appointments as Standing Conciliator.

This course will be delivered by qualified practitioners who have knowledge and experience of the Public Works Contracts, Dispute Resolution and the Role of the Standing Conciliator.

Participants will be encouraged to contribute to discussion and debate and to give structured feedback on the subject. On completion of the course they will receive a Certificate of Attendance. The course will carry 3 structured CPD points.

Booking 

Non-Member can book a place by contacting Teresa Harte

How to Join an RIAI Webinar

When your booking has been confirmed, you will receive instructions and a unique link to join the webinar, at the specified time and date. Note: This link should not be shared with others; it is unique to you. Before joining, be sure to check your system requirements to avoid any connection issue.

  • 10.00 - John Deaton FRIAI

    Welcome and Introduction 

  • 10.05 - James O'Donoghue FRIAI

    Principles of conciliation
    What is conciliation?
    Facilitative v Evaluative processes and the outcomes.
    The benefits of conciliation.
    Comparison with RIAI conciliation procedures.

  • 10.20 - Conor Kelly FRIAI

    Purpose of Project Boards and Standing Conciliator under Clause 13.1
    Review of Guidance Note 3.1.1-1.0. 

    The Project Board
    Purpose of the Board, composition, how appointed, Relationship to standing conciliator

    The Standing Conciliator
    Definition. Contract provisions. Method of appointment. Payment. Duration of appointment.

    Duties of the Standing Conciliator
    Duties defined in contract, guidance note. A developing role.
    Compare with RIAI conciliation procedures.

  • 10.40 - Brian Swan

    The employer’s perspective - what has been the employers experience to date?
    Positive/negative

  • 11.00 - Break

  • 11.15 - Seamus Duggan

    The builders perspective - what has been the employers experience to date?
    Positive/negative

  • 11.35 - Brian O'Connell FRIAI

    Dispute avoidance
    Dispute pathway, Avoiding conflict becoming dispute. Challenges, Practical approaches.
    Techniques for achieving consensus amongst building professionals

  • 12.00 - Niall Meagher FRIAI

    Obtaining an appointment
    Promoting your conciliation practice, Developing your mediation skills, Tendering - pricing a poorly defined service. Competing with other disciplines.

    Practical and ethical challenges
    Underpricing your work. Identifying possible conflicts of interest. Staying neutral and facilitative. Maintaining the integrity of the process. What are the challenges (if any) if it comes to conciliating a dispute that you have been working with the parties to avoid?What can RIAI do to promote its conciliators?

  • 12.20 Panel Discussion - Chair, Dan Daye MRIAI

  • 12.45 - End of Session

Speakers 

John Deaton B.Arch. F.R.I.A.I., Dip. Arb. Law, F.C.I.Arb. M.I.I

John Deaton graduated as an architect at University College Dublin in 1977.  Director of Deaton Lysaght Architects since 1990 (retired - 2019).

Founder of Deaton Dispute Resolution 2017. Arbitrator, mediator and adjudicator with a keen interest in resolving disputes by consensual means.

Served on the Committee of the Chartered Institute of Arbitrators Irish Branch 2013-2019:

  • Founder chairman of the C.I.Arb Planning and Environmental Mediation Group
  • Conciliation Skills trainer and sub-group chairman at C.I.Arb
  • Member of the Mediators Institute of Ireland

RIAI-nominated director of The Heritage Contractors’ Assessment Board and a visiting lecturer on the Construction Industry Federation Conservation Course. Since 1999 John has acted as arbitrator, conciliator and mediator on a wide range of disputes. He has written and presented extensively on ADR and is committed to it's development and promotion as a practical and efficient way of resolving disputes. He is currently acting as Standing Conciliator on a large project.


James O’Donoghue, FRIAI - Architect & Arbitrator / Director and Founder

Dip. Arch. B. (Arch.) Sc., Dip.Proj.Man. Dip.Arb. Dip.I.C.Arb., FRIAI, RIBA, FCI Arb. Chartered Architect (I’ntl), Chartered Arbitrator, Accredited Mediator (C.E.D.R., CIArb)

James O’Donoghue is a graduate of DIT and Trinity College Dublin. He holds a Diploma in Project Management from TCD, a Diploma in Arbitration from the School of Law, UCD and a Diploma in International Commercial Arbitration (CI Arb – Keble College, Oxford).

James’ special interest is Project Management / Legal Affairs relating to Built Environment Plans & Projects. James served two terms as Vice President of the R.I.A.I. and one term as Honorary Treasurer. He is a former Hon. Secretary of the Chartered Institute of Arbitrators – Irish Branch. He has served as Chairman of the Liaison Committee – RIAI / CIF / SES / EI / ACEI and is a current RIAI Delegate on that Committee. He is an Executive Committee Member of Arbitration Ireland, a Committee Member of C.I.Arb. – Irish Branch and active in RIAI Practice and Legal Affairs activities.

James is active as Arbitrator and Mediator in International Commercial Dispute Resolution on Built Environment matters.


Conor Kelly, B.Arch, LL.B, BL, Dip EIAMgmt, FRIAI, FCIArb

Conor is an architect, chartered arbitrator, adjudicator (member of the ministerial panel of adjudicators), conciliator, standing conciliator, mediator, expert witness and (non-practicing) barrister. He studied architecture in Dublin and the USA, graduating in 1980 and has practiced in Galway since 1983 - following a short period of initial practice in Australia. Conor was called to the Bar in 1990 and has been appointed approx. 120 times in relation to disputes as Arbitrator, Adjudicator, Conciliator, Mediator, Expert Determiner and or Expert Witness, he currently holds active briefs as Arbitrator, Conciliator, Mediator, Expert Witness and Standing Conciliator


Brian O’Connell Arch B L MUBC FRIAI RIBA ARB

Brian O’Connell,  B Arch BL MUBC FRIAI RIBA: Consultant to O’Connell Mahon Architects; qualified as Bachelor of Architecture: First Hons (NUI) in 1968; Barrister at Law First Hons (Kings Inns) 1979; Master Urban and Building Conservation (NUI) 2011; Member of the Royal Institute of the Architects of Ireland (1970); Member of the Royal Institute of British Architects (1976), Fellow of the Royal Institute of the Architects of Ireland (1987), President of the Royal Institute of Architects of Ireland (1990-1991). Architect in private practice since 1974; Chairman European Commission GAIPEC International Sub-Committee on Liability in the European Construction Industry 1992-1995; Occasional Lecturer to NUI and University of Ulster; Arbitrator-Conciliator (RIAI); Mediator (MFI) Adjudicator (C.I. Arb).  Responsibility for executed individual projects up to the value of €100 million.


Niall Meagher, MRIAI, Dipl.Arch B.Arch.Sci Dip.Proj.Mgmt Dipl.Arb FCIArb. MRIAI

Niall is the Managing Director of interactive Project Managers (IPM); the practice specialises in Architect lead construction project management. Current IPM projects include Dublin Landings for Ballymore (RKD and Arrow Architects), the High Roof replacement project for Saint Patrick’s Cathedral (Benjamin and Beauchamp Architects) and Fitzwilliam Lawn Tennis Club (Douglas Wallace Architects). Niall is chair of the RIAI Contracts drafting group (update of the RIAI yellow form of contract); lecturer in Contract to the annual UCD professional practice course; Niall is a practicing Arbitrator, Adjudicator and Conciliator / Mediator and has been appointed as Conciliator and Standing Conciliator on a number of public works contracts.


Seamus Duggan, Joint Managing Director of Duggan Brothers

Seamus Duggan (Joint Managing Director) of Duggan Brothers (Contractors) Ltd. Duggan Brothers are a General Building Contractor trading since 1923, employing approximately 120 management, supervisory, technical and support staff, annual turnover currently €100m. Undertaking projects across all sectors with a 60:40 split between public and private contracts.

Seamus trained as a Quantity Surveyor, graduating from Bolton St. in 1996, and subsequently completed the Post Graduate Contract Law & Contract Administration course in Trinity College Dublin. An Ex-President of the MBCA (Master Builders & Contractors Association) and currently sitting on the MBCA Council and the Tendering, Procurement & Contract Committee of the CIF.


Brian Swan, Retired as Deputy City Architect Dublin City Council

Brian Swan retired as Deputy City Architect Dublin City Council in 2018 having worked thirty six years in local government. He started in the then Dublin Corporation before moving to Dublin County Council. When it morphed into three separate authorities he went with South Dublin County Council. This was followed by twelve years in Kildare County Council before moving back to Dublin City Council for the decade before retirement. During his career he worked across the range of local government projects with an emphasis on housing, in all its guises, and in the latter year’s public realm. 

 


Dan Daye, MRIAI, McCauley Daye O’Connell Architects

Dan has a reputation for the successful delivery of complex and difficult projects having worked on the execution side of McCauley Daye O’Connell Architects since its inception. He has worked on large scale and complex commercial urban projects with expertise in a wide variety of building types, specialising in residential, workplace and hospitality.

Over the last 3 years his successfully completed buildings include; Barettestown Lodge Restaurant Pavilion, Opus Residences, RCSI Beaumont Research and Education Centre and the VHI’s Scots Church HQ Offices. All of these buildings have won multiple awards for excellence in architecture, interior design, accessibility, conservation and façade engineering.

Dan serves on the RIAI Practice Committee and heads up the RIAI ADR Taskforce and is active in the ADR arena.