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Effective Mediation of Construction Disputes

Florida Construction mediation

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 insurance adjusters and surety representatives) at mediation are crucial for a successful outcome. Learning your case, or finding out an essential party is missing, at the time of mediation will likely result in failure. With this in mind, there are several keys to having a successful  mediation. While preparation is paramount, nothing, not even preparation, guarantees a successful outcome. But failing to prepare almost always guarantees a disappointing outcome, and following the below suggestions may make the difference between winning and losing at mediation.

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Gary L. Brown, is an experienced construction litigator and Certified Mediator who has  handled hundreds of construction and construction defect claims throughout his career and understands the unique dynamics and challenges these claims present. Implementing winning and cost-effective strategies, he has successfully resolved these claims for his clients.  With this unique perspective, he understands how to effectively navigate through and simply often complex liability, damage, and insurance coverage issues to allow parties at mediation to compromise and resolve their construction disputes.

Portions of these written materials are reprinted with the permission of the copyright holder and publisher from Florida Construction Defect Litigation by Gary L. Brown, copyrighted by ALM Media Properties, Inc. and published by Daily Business Review Books, a division of ALM Media, LLC. All rights reserved. Copies of the complete work, including other construction litigation topics, may be ordered online at www.lawcatalog.com or  http://www.lawcatalog.com/productdetail/18108/florida-construction-defect-litigation