George Spofford, Esq.
Florida construction mediator, arbitrator, litigator, and counselor
Board certified construction lawyer
put my 35 years of construction litigation and business experience resolving construction disputes to work for you
My Approach To Mediation and Arbitration
My predominant mediation style
My predominant mediation style is evaluative. By that, I mean that I typically ask a lot of questions and will challenge positions taken by the parties and counsel when appropriate. I will patiently and persistently work with the parties and counsel to see if we can identify some common ground to resolve their dispute.
Unique skills and experience
I am told that I bring a unique set of skills to the mediation process. I am a Florida Supreme Court certified Mediator and approved to serve on FDOT Dispute Review Boards. I am also a Board Certified Construction Lawyer and have been practicing construction law exclusively for more than 35 years. I grew up in the construction industry. My first construction job was hand-digging ditches, then equipment oiler, operator, and an owner of a heavy civil construction company. I have also built and renovated multiple residences. My background and training enables me to bring a unique perspective to the mediation process.
Lawyers hire me because I am very familiar with construction. I generally know how construction projects are built which gives me credibility in the eyes of the parties. My familiarity with construction law gives me credibility in the eyes of the lawyers.
I am also hired because I have experienced the mediation process from all sides. I was an owner of a heavy civil/ underground utility construction firm and I was involved in mediations as the client. I have served as an advocate/lawyer representing my clients in many mediations. I also have served as the neutral mediator in many mediations. I have a unique understanding of the mediation process and what motivates parties to compromise their respective positions.
As a result of my experience on all sides of the mediation process, I believe that I am fairly effective in identifying what will motivate the parties to compromise their respective positions in order to achieve a mutually satisfactory resolution.
Preparation
I will come into the mediation prepared. I will know the facts as represented by each side. I will have considered how the law applies to the facts. I will have considered the experience and needs of the parties. I also will have done my best to make sure counsel and the parties are prepared for the mediation.
In closing, be aware that I only mediate construction disputes. If you have a construction dispute, I would be interested in hearing about your case to see if it something that I can help you get resolved.
Arbitration
Experience
For more than 35 years my practice has been devoted exclusively to the construction industry. I am Board Certified in Construction Law by the Florida Bar. I have represented all stakeholders in the construction industry – owners, contractors, subcontractors, suppliers, sureties, engineers, architects, and insurance companies. I am also a Florida Supreme Court certified Mediator and approved to serve on FDOT Dispute Review Boards.
Methods of Streamlining the Arbitration
Part of my role as an arbitrator is to provide discipline for counsel and the parties to get the matter resolved as quickly and as efficiently as possible. Very early in the case I will assist counsel in the creation of a schedule for disclosure of claims, documents and witnesses, and we will select the final hearing date. Once counsel has agreed to that schedule, I will do my best to see that the schedule is met. I typically allow counsel 5 days to resolve any disputes and if unsuccessful, I will make myself available to resolve the dispute. In an arbitration there generally is very limited oral discovery. However, I typically allow for the deposition of an appropriate damages witness. If experts are involved, I will encourage the parties to exchange detailed expert reports and limit the duration of expert depositions.
Philosophy on Discovery in Arbitration
Ultimately, it is the parties’ arbitration and I will do my best to allow the parties and counsel to dictate the process so that the process is fair. However, by choosing to arbitrate, the parties have agreed to limited discovery. As explained previously, I will work with the parties and counsel to develop an agreed upon amount of discovery and expedited discovery schedule.
