Who should attend a construction mediation to make it effective?
An effective construction mediation requires the people with authority to settle and the people who know the facts.
Verified Editorial Reviewer
Retired Chief Judge, Florida's Eleventh Judicial Circuit | Florida Supreme Court Certified Circuit Civil Mediator & Qualified Arbitrator | JAMS Miami
The Honorable Joseph P. Farina (Ret.) is one of Florida's most respected dispute resolution professionals. A retired Chief Judge of Florida's Eleventh Judicial Circuit, Judge Farina served on the bench for more than thirty years, including fourteen years as Chief Judge of one of the nation's largest and busiest trial court systems.
The Honorable Joseph P. Farina (Ret.) is one of Florida's most respected dispute resolution professionals. A retired Chief Judge of Florida's Eleventh Judicial Circuit, Judge Farina served on the bench for more than thirty years, including fourteen years as Chief Judge of one of the nation's largest and busiest trial court systems. Since joining JAMS in 2012, Judge Farina has devoted his practice exclusively to mediation, arbitration, special magistrate appointments, neutral evaluations, and complex dispute resolution. Recognized by the Dade County Bar Association with its Legal Luminary Mediation Award and the Circle of Excellence for ADR, he is known for helping parties resolve sophisticated, high-value disputes efficiently while maintaining neutrality, professionalism, and judicial insight.
With more than thirty years on the bench and over a decade of full-time mediation practice at JAMS, I review content to ensure it accurately reflects how courts, mediators, and parties navigate complex civil disputes — from procedure and evidence to settlement strategy and judicial expectations.
An effective construction mediation requires the people with authority to settle and the people who know the facts.
Yes, and it frequently is. Construction liens in Florida are governed by Chapter 713 of the Florida Statutes, which sets strict notice and deadline requirements — including the Notice to Owner and recording deadlines —...
Construction disputes are among the most document-intensive civil matters, often involving the contract, change orders, schedules, inspection reports, pay applications, and lien records.
If mediation ends without a full agreement, the mediator declares an impasse and the dispute proceeds along whatever track the parties' contract and the court require — litigation, or arbitration if the contract so...
Yes. An arbitration clause and mediation are not mutually exclusive.
Nearly any commercial or civil contract dispute can be mediated, including breach of a business agreement, disputes over the quality or delivery of goods or services, partnership and shareholder disagreements,...
A settlement reached in mediation becomes binding when the parties sign a written settlement agreement memorializing the terms preferentially before they leave the session. Option may be a signed term sheet with...
It depends on the forum and the contract. Florida courts frequently order civil cases to mediation before trial as a matter of case management, and many circuits will not set a final hearing until mediation has occurred.
Most civil real estate disputes are well suited to mediation, including breach of a purchase and sale contract, disputes over earnest money deposits, failure to disclose property defects, boundary and easement disputes,...
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Joseph P. Farina is a neutral at JAMS. Editorial reviews reflect his independent professional judgment and are not made on behalf of JAMS.
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