David S. Tupler is a trusted and experienced choice to mediate your construction dispute in Fort Lauderdale, Hollywood and elsewhere in Broward County, Florida. His extensive background as a well-respected civil litigator makes him a reliable and knowledgeable resource for parties seeking to resolve their civil disputes before taking them all the way to trial. Whether you are in need of a mediator for court-mandated construction mediation in Florida or are interested in exploring ways to productively negotiate a resolution to a civil matter, our be the key to avoiding costly and unpredictable litigation.
Mediation as an alternative to litigation
There are many reasons parties choose to mediate their dispute. While mediation in Fort Lauderdale can be beneficial to all sides at any stage of litigation, it is generally most helpful when attempted early in the dispute process. Some parties to contracts even agree to specific provisions that require the parties to submit their dispute to mediation in advance of filing a complaint. Failure to do so could result in a claim being stayed pending mediation.
Mediation does not have to be an all-or-nothing type of exercise. Even if the parties are unsuccessful in reaching a final agreement to settle the case, mediation could help them focus on the specific issues in dispute and advance progress on initial settlement negotiations that may be reopened at a later date.
Some of the key benefits of Florida mediation as opposed to litigating a claim in Broward County Court include:
- less time involved because the parties can steer the nature of discussions;
- more control over the ultimate outcome because the parties can speak freely with a mediator to set acceptable parameters for resolution;
- fewer surprises because the parties can decide whether or not to accept the final offer at a mediation;
- more control over the scheduling because the parties can choose a mutually agreeable date for mediation;
- lower legal bills because mediation often helps the parties bypass expensive discovery disputes and motions practice.
Let us help resolve your dispute and avoid expensive litigation.
Key principles of mediation
Many parties who resolve their disputes through mediation come to regret not engaging in the process even sooner. This is because they experience the benefits of having a knowledgeable mediator, like Fort Lauderdale mediator David Tupler, evaluate their positions in a neutral environment and without the consequences that are involved in discussing their positions in court or on the record. Learn more about the mediation process and how it is different than traditional litigation below:
Matters discussed are confidential
Some parties mistakenly believe that mediation is a bad idea because it means they will tip their hand to the other side early in the case. This should not be a concern because everything discussed in mediation is considered confidential and cannot be used against the other party if the case proceeds to litigation. This is part of why mediation is such an effective tool. The parties do not have to be concerned that the positions they take or the statements they make to the mediator will be used against them in future proceedings.
Mediators cannot force the parties to sign an agreement
While there are some forms of arbitration that may be binding, this is not the case for mediation. All parties must agree on the final outcome of mediation for it to be binding. The parties are able to start the mediation process without committing to reaching an acceptable resolution on all matters involved in the case. No party is forced to sign a settlement agreement if the terms are not acceptable. This is very different from a judge's final ruling or a verdict from a jury in the traditional court process. The only way to dispute those final outcomes is to file an appeal – if you are eligible – and front even more time and money to try to swing the appellate court your way.
Dispute resolution rate through mediation is high
Though a mediator cannot force the parties to agree to a settlement through mediation in Florida, the resolution rate is much higher than if the parties attempt to engage in settlement negotiations on their own. Interfacing through attorneys who are not in the same room and are not exclusively focused on your claim can frustrate and extend the settlement negotiation process much longer than necessary. Mediation is your opportunity to save that time and legal fees without eliminating any of your options to ultimately take the case to court if necessary.
Professional mediation services in Fort Lauderdale and elsewhere in Broucan benefit parties involved in a wide range of disputes. Florida construction mediator David Tupler brings decades of experience in civil litigation to his role as mediator, which informs his approach to examining the specific facts and applicable law(s) of each case. Learn more about the specific practice areas for which David S. Tupler helps parties navigate their disputes at all stages of the litigation process.
Property and casualty disputes
When an insurer and policyholder are unable to resolve an insurance dispute involving a claim, an informal dispute resolution process can be extremely productive at the start of the claim process. The parties benefit from an independent mediator who has practical experience in evaluating the value of the claim as well as any of the barriers to recovery that the plaintiff may face. Mediator David Tupler relies on his years of litigation experience to assist parties with analyzing a realistic value of a claim at issue to reach an acceptable result.
The insurance claim dispute resolution is non-binding, which means that parties are not forced into a settlement agreement that would be unacceptable to them. This is why mediation in the early stages of a property or casualty claim can be the most productive course of action for all parties. Even if the parties are not able to reach a final settlement of their claims, mediation could help narrow down the issues at play in their court case. This helps streamline the litigation process and reduces expenses for both sides of a case.
Personal injury and wrongful death claims
Any construction case involving personal injury or wrongful death has the potential to be wrought with emotion. Cases involving severe injuries can be especially difficult for plaintiffs to see through the entire litigation process because of the procedural hurdles that they must jump through in order to recover. Mediation is often a preferable approach for both sides because it eliminates the uncertainty of having a jury evaluate the value of a plaintiff's claims. It also may help the parties avoid time-intensive discovery disputes.
Pursuant to the Occupational Safety and Health Act of 1970, workers are entitled to file complaints about hazards and serious safety risks in the workplace. Although the most serious OSHA violations typically occur in industrial worksites, an employer in any industry may violate OSHA safety standards. Many OSHA claims are a result of an employee suffering an injury in the workplace due to a safety hazard. Mediation can help narrow the scope of the issues that the parties disagree on and is a productive way for the parties to receive an impartial valuation of the claim based on the injuries sustained and the actions of the employer.
Real estate disputes
Commercial and residential real estate disputes can be costly on both sides in light of the time and expense required to litigate them to judgment. Whether parties are disputing the location of property boundaries, the right to use easements, nuisance claims, property inspection issues, misrepresentations about property conditions or earnest money deposits in a real estate transaction, mediation is available to help resolve the issue. Transactions involving residential real estate can be emotional and frustrating for the parties because of the personal attachment to the property. Commercial real estate disputes typically involve larger sums of money, and they can easily result in lengthy and expensive litigation. Both of these scenarios are perfectly primed for mediation as a way to avoid the emotional and lengthy process of allowing a judge or jury to decide the outcome.
When employees believe they have not been paid the wages they are entitled to from their employer, they may file a wage claim against the company. Wage claims involving accusations that an employer did not fully compensate the employee for overtime worked are some of the most typical wage cases, but the facts of each case vary. In addition to mediating wage and hour claims under the Fair Labor Standards Act (FLSA), Florida mediator David Tupler also assists with the resolution of discrimination, harassment, employer retaliation and whistleblower claims, many of which are also involved in wage and hour disputes. Mediator David S. Tupler also handles wage and hour claims involving a class of employees filing against an employer.
HOA disputes typically involve hotly contested issues and abject hostility between a homeowner and the HOA. In addition to failure to pay required HOA dues, a homeowner may file a lawsuit against an HOA that unreasonably or inappropriately enforces its regulations against the homeowner. These cases typically involve disputes between neighbors, which can result in months of time litigating in court and an expensive legal bill. Mediation is an effective way to hedge off that waste before the parties allow their relationships and emotions to take control of the case. David Tupler is perfectly positioned to assist with resolving these matters given his many years of handling real estate claims on behalf of residential and commercial clients across Broward County, FL.
General civil disputes and litigation
Almost all civil disputes and litigation are viable for mediation. It is a streamlined and cost-effective way to remove the uncertainty of the litigation process in courts. The parties do not have to wait for a judge to order that they attempt mediation. In fact, this is a helpful tool to keep the costs down and manage the unpredictable timeline of civil litigation right from the start of filing suit. The parties can speak candidly with the mediator because the mediation process is confidential and cannot be used to influence the outcome of the litigation if the parties do not agree on an acceptable outcome.
Construction defect cases
Construction defect cases are quite costly to litigate, especially when considering the involvement of expert witnesses and the scope of document reviews that typically take place. This is why many parties realize that they can benefit from early mediation to hopefully resolve their dispute before it escalates to the point of extensive motions practice and days of deposition testimony. With David Tupler’s decades of experience in construction law, he is a trusted mediator for these cases and can be relied upon to understand all of the nuanced details of your case.
Construction lien disputes (formerly known as mechanic's lien disputes) are often embroiled in additional aspects of construction litigation for a particular project. They can be fatal to the outcome of a construction project because of their ability to tie up funds and delay further work on a site. Resolving construction lien issues through mediation in Hollywood, Fort Lauderdale or elsewhere in Broward County as quickly as possible is in the interest of all parties involved because it means that the construction project can carry on, the property can be sold without encumbrances and parties recover for the amount they are due.
Let David S. Tupler help
Let David Tupler put his years of representing clients in all types of construction litigation disputes mediate your case. Working with a mediator who is experienced in construction litigation can make all the difference in making sure that the issues in your case are understood. This is far preferable to leaving your construction lien dispute in the hands of a judge who may not have comparable construction litigation experience.
Schedule your mediation with David Tupler by calling (954) 947-1955 today. Reserve your dates for alternative dispute resolution in Fort Lauderdale or Hollywood so that you can avoid the stress, expense and uncertainty of litigating your claim in court.