The following are the most common services rendered by the firm:
Use our experience and training to reach a client driven resolution to your commercial and construction disputes.
All members of LAB ADR Group, LLC are Florida Supreme Court Circuit Civil Certified. All member mediators are trained and certified as Residential Mortgage Mediators. Mr. Leiby is certified as an international mediator by the International Mediation Institute (www.imimediation.org) and is on the panel of construction mediators of the International Institute for Conflict Prevention & Resolution, Inc. (www.cpradr.org) and the American Arbitration Association (www.mediation.org).
Initial Decision Maker
You may select one of us to name in your contract as your initial decision maker for expedited handling of disputes that arise during the performance of construction contracts.
Dispute Review Boards
All members of LAB ADR Group, LLC are prepared to serve on a dispute review board or dispute adjudication board in connection with contracts being performed that provide for such a board.
Messrs. Leiby, Alexander, and Brandt have each served as arbitrators in many construction disputes, after having participated in hundreds of arbitration proceedings as counsel. Arbitration has many advantages over litigation, particularly time to reach final hearing and having a trier of fact that has experience in the subject matter, which can save time and minimize the opportunity for confusion that can occur with either a jury or a judge who are not experienced in construction law . The members of the firm have also served as court appointed arbitrators for non-binding arbitrations. Mr. Leiby has been elected a Fellow in the College of Commercial Arbitrators.
Property Insurance Umpire
Where casualty insurance policies cover buildings and provide for a neutral umpire evaluation (in the nature of arbitration) such neutral services are available.
Neutral Case Evaluation and Mini Trial Evaluation
On larger cases some construction counsel wish to do a “dry run” of their trial position, either by discussion or by a mini-trial. The neutral case evaluation is to obtain feedback on positions, best ways to present points, and what may be effective or not effective in the presentation of positions. While typically trial counsel are capable to determine how to present a complex construction case, in some instances such counsel have found it valuable to bounce the positions and presentations off of other experienced neutrals to confirm their presentation methods. Any or all members of the firm would be pleased to perform such evaluation service.
You may choose to retain one of us to act as a special master to expedite your case with respect to discovery issues, any motions that counsel would choose to submit, for attorney fee resolution, or for final hearing. This is a method to take some time pressure off of the trial court and obtain timely decisions from persons experienced in the subject matter.
Private Trial Resolution Judge
If you like the concept of getting a speedy final hearing and a trier of fact who has knowledge in construction, but you prefer using the rules of evidence and having full right of appeal, distinctions from arbitration, you may choose to stipulate in a filed case to have one of us serve as a private trial resolution judge pursuant to Fla. Stat. 44.104. In such proceedings the private trial resolution judge must follow the rules of evidence, may make preliminary rulings and a final decision. The court clerk is the repository for documents. Where there is a final decision such decision may be made into a final judgment of the court upon motion to the court where the action is pending. There is full right to appeal like any judicial decision.