Mediator Resume

Florida Bar Board Certified in Construction Law and Florida Supreme Court Certified Circuit Civil Mediator, with nearly 30 years of experience representing participants in the construction industry. Shareholder of Malka & Kravitz, P.A., where practices through the Malka & Kravitz Dispute Resolution Group. Practice concentrates on arbitration, mediation, and construction law involving commercial and residential projects. Represents owners, developers, contractors, subcontractors, and design professionals. Draws upon extensive experience as both an advocate and neutral to conduct fair, efficient, and well-managed proceedings.

Malka & Kravitz, P.A. / Malka & Kravitz Dispute Resolution Group - Shareholder

Attorney, Arbitrator, Mediator

Shareholder, Malka & Kravitz, P.A., 2009 - Present; Partner, Leiby, Stearns & Roberts, P.A., 2008 - 2009; Associate, Leiby, Stearns & Roberts, P.A., 2004 - 2008; Partner, Malka & Trainor, P.C., 1997 - 2003.

Practice devoted almost exclusively to construction law for nearly 30 years, representing owners, developers, general contractors, subcontractors, design professionals, and other participants in the construction industry throughout all phases of commercial and residential construction projects. Experience includes drafting and negotiating construction contracts, design agreements, consulting agreements, and other construction-related documents, as well as advising clients regarding project planning, contract administration, risk management, licensing and regulatory compliance, and dispute avoidance. Extensive experience representing clients in the negotiation, mediation, arbitration, and litigation of disputes involving payment claims, change orders, delays, construction defects, mechanic's liens, payment bond claims, contract interpretation, and other complex construction-related matters.

Florida Supreme Court Certified Circuit Civil Mediator since 2009, whose mediation practice has focused primarily on construction disputes. Has conducted hundreds of construction mediations involving payment disputes, construction defects, delay claims, change orders, mechanic's lien and payment bond claims, contract interpretation, and other complex construction disputes. Extensive experience mediating complex, multi-party construction disputes arising from competing contractual relationships, multiple claims, cross-claims, indemnity obligations, and insurance issues involving owners, developers, contractors, subcontractors, design professionals, insurers, and other project participants. In addition to serving as a mediator, has represented construction industry participants in hundreds of mediations over nearly 30 years of construction law practice. This experience as both a neutral and an advocate provides a practical understanding of the mediation process from the perspectives of parties, counsel, and mediator.

• Commercial and residential construction disputes • Construction defects, including condo and community association defect claims • Payment disputes • Design deficiencies • Delay, disruption, acceleration, and scheduling claims • Change orders and extra work claims • Contract interpretation and scope of work disputes • Termination, default, and project completion disputes • Insurance, indemnity, and risk allocation issues

I believe a successful mediation is one in which every party leaves knowing it was heard, understood the risks and opportunities presented by the dispute, and made an informed decision regarding settlement. I approach each mediation fully prepared and encourage counsel to provide confidential mediation statements and any other information that will assist me in understanding the dispute before the mediation begins. Thorough preparation allows me to identify the legal, factual, technical, and practical issues that may affect resolution. I believe the parties, not the mediator, should decide whether to settle and on what terms. My role is to facilitate productive negotiations, help the parties realistically evaluate the strengths and weaknesses of their respective positions, and assist them in exploring practical solutions. I strive to conduct every mediation in a professional, respectful, and efficient manner. I encourage counsel and the parties to approach the mediation with an open mind, a willingness to listen, and a genuine commitment to exploring resolution.

Highly proficient in the use of Zoom videoconferencing for mediations, arbitrations, preliminary conferences, case management conferences, and evidentiary hearings. Comfortable conducting fully remote, hybrid, and in-person proceedings, including the management of electronic exhibits, breakout rooms, screen sharing, and other technology commonly used in virtual ADR proceedings.

Emory University School of Law (J.D. - 1997); Concordia University (B.A. - 1992).

Admitted to the Bar: Florida (2003). Board Certified in Construction Law, The Florida Bar (2008). Florida Supreme Court Certified Circuit Civil Mediator (2009).

The Florida Bar (Alternative Dispute Resolution Section; Construction Law Committee, Real Property, Probate and Trust Law Section); Broward County Bar Association (Construction Law Section); Florida Academy of Professional Mediators.

Speaking Engagements: The Florida Bar Advanced Construction Law Institute – Case Law and Legislative Update (Co-Presenter), 2026 The Florida Bar Advanced Construction Law Institute – Case Law and Legislative Update (Co-Presenter), 2025 The Florida Bar Advanced Construction Law Institute – Case Law Update (Co-Presenter), 2024 The Florida Bar Construction Law Institute – Case Law Update (Co-Presenter), 2023 The Florida Bar Construction Law Institute – Case Law Update (Co-Presenter), 2022

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $400.00/hr Cancellation Period: 5 Days Comment: The hourly rate is all-inclusive for mediation services, including hearing time, study time, and travel time. Reasonable travel expenses, if applicable, will be billed at cost.

English; French

United States of America

Fort Lauderdale, Florida