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Alternatives to Trial. Construction Mediation & ADR.
- Mediation of construction disputes requires an understanding and appreciation of the parties’ respective technical and legal positions and the effort necessary to effectively present construction cases at trial. Whether claims for defects, extra work, differing site conditions, delay or lost productivity, or some combination thereof, Mr. Martin brings his years of varied experience and educational background to bear to provide parties the opportunity to resolve their disputes without the expense and uncertainty of trial. Since becoming a Florida Certified Circuit Court Mediator in 2006, Mr. Martin has mediated several, complex multi-party disputes including those involving insurance coverage disputes.
- Early Neutral Evaluation differs from Mediation because the parties are seeking guidance as to the merits of their respective positions. Akin to non-binding arbitration, Early Neutral Evaluation provides parties with a forecast of the possible outcome if the dispute is fully litigated and tried, but at a cost significantly less than what would actually be experienced. However, to be effective, the Evaluator must have the background and experience to address the dispute credibly. Mr. Martin’s vast and in depth experience in complex construction disputes across the country enables him to efficiently evaluate the dispute at issue and provide the parties with a reasoned forecast of possible outcomes.
- Arbitration provides an alternative to the cost, expense and lack of finality of a trial for those matters that just cannot be resolved without a final and binding determination. But because of the finality and limited rights of appeal, parties want confidence that the arbitrator understands construction and the applicable law. Mr. Martin is a graduate of the University of Florida, School of Building Construction and Board Certified in Construction Law by The Florida Bar. He is also a Florida Qualified Arbitrator and a member of the Commercial and Construction Panel of Neutrals for the American Arbitration Association.
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