Florida Construction Defect Lawyer
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November 13, 2023
Recent Florida Mediation Trends
Understanding the Recent Florida Mediation Trends An important aspect of trying to settle a dispute is the flexibility (or lack thereof) of the mediation participants. No matter how good the attorneys and mediator are, if the parties are unwilling to compromise, the mediation process will be unsuccessful.  Sometimes a good settlement may look different (even...
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Florida Proposals for Settlement
Every attorney representing a plaintiff (this mediator included) has told a defendant that, in addition to the claim amount, the plaintiff is demanding its attorney’s fees and costs in the litigation. As parties and attorneys know all too well, the costs of litigation, particularly in a complex, multi-party construction defect litigation, can be significant, sometimes...
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Managing Clients Mediation Expectations
The Importance of Managing Clients Mediation Expectations The importance of managing client expectations before mediation cannot be understated. In the claimant’s mind, the defendant should pay everything (principal, interest, fees, and costs) while the defendant believes it should pay far less. Convincing either on the day of mediation to fundamentally change that perspective is nearly...
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Mediation Day Planning
What You Need to know for Mediation Day Planning If a fact or legal position is important, the other side should not be learning about it for the first time at mediation. Rarely if ever in this mediator’s experience has a party changed their position 180 degrees based upon the other side’s revelation of something...
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Florida Mediator’s Role
Understanding a Florida Mediator’s Role Equally important to the merits of a case is how that information will be communicated to the opposing side and the mediator’s role in the process. There are some things better left unsaid during the open session(s) that should be communicated to the opposing side by the mediator in private....
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Florida Bad Faith Claims
Understanding Florida Bad Faith Claims Where there is or may be insurance coverage for a claim, perhaps one of the most important buttons to push is bad faith. Pre-mediation demands within policy limits trigger potential bad faith claims against an insurer. An insurer’s failure to settle a third-party claim against an insured contractor may amount...
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