Florida Construction Defect Lawyer
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Effective Mediation of Construction Disputes

By:  Gary L. Brown, Esq.  The seeds of success (or failure) of construction mediation are planted long before the mediation. Mediation of construction disputes presents many unique challenges. Construction cases, particularly ones in involving construction defects, are usually document intensive and involve multiple parties. Sufficient development of the facts and having the right parties (including...
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Recent Florida Mediation Trends

Being Open to Alternative Settlement Outcomes – Recent 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

Preparing Clients About Attorney’s Fees, Litigation Costs and Settlement Proposals

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

Managing Client Expectations in Advance of Mediation Day

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

No Surprises on Mediation Day

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

Educating Clients About the Mediation Process and the 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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