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Mediator Resume

Jeffrey A. Ford, Esq.

Jeffrey A. Ford, Esq.

Professional Summary

Board Certified Construction Attorney specializing in construction law since 1977. AAA Construction Mega Project Panel Arbitrator. Transactional and litigation experience on a wide array of domestic and international projects. Represented owners, developers, prime contractors, design professionals, sureties, trade contractors and vendors. Recognized in 2016 by Texas Super Lawyers as one of the Top 10 lawyers in the State of Texas, the only construction lawyer to date who has been so recognized. Started Ford ADR in 2023 as a solo practice focused on service as a mediator or arbitrator of construction disputes. One of the 10 lawyers ranked in 2026 by Chambers and Partners in Band 1 of Construction: Alternative Dispute Resolution|Texas.

Current Employer-Title

Jeffrey A. Ford, PLLC dba Ford ADR - Sole Member

Profession

Attorney, Mediator, Arbitrator

Work History

Sole Member, Jeffrey A. Ford PLLC dba Ford ADR, 2023 - Present; Member of Executive Committee/Shareholder, Peckar & Abramson, P.C., 2016 - 2022; Chairman/Shareholder, Ford Nassen & Baldwin P.C., 1995 - 2015; Shareholder/Associate, Winstead Sechrest & Minick, P.C., 1977 - 1995.

Experience

Started practice of law handling and litigating surety and fidelity bond claims, mostly on behalf of the surety but sometimes representing a claimant. Practice quickly expanded into representing general contractors, trade contractors and suppliers in contract negotiations, claims, lien filings, construction defects, defaults and terminations. Continued to expand practice into representation of developers, owners, design-builders and EPC contractors. Practice as an advocate included hundreds of cases litigated in state and federal courts, mediations, arbitrations and appeals to boards of contract appeals. Worked on issues arising out of projects located across the U.S and in Central and South America. Types of projects handled include power plants, water and oil and gas pipelines, refineries, toll roads, dams, bridges, water and wastewater treatment plants, high-rise buildings, retail centers, sports facilities, restaurants, residential condominiums, food processing plants, jails/prisons, military facilities, power transmission lines, high-end single-family residences, high tech/clean rooms, educational facilities, churches, apartments, freight railroad and transit projects, office buildings and hospitals/ healthcare facilities. Negotiated all forms of contracts including design-build, EPC and PPP contracts.

Mediator Experience

Took mediator training in the 1980s as mediation was beginning to be widely accepted in Texas and began doing mediations at the request of counsel. Also served as a AAA construction arbitrator since 1983. Involved in hundreds of mediations, as an advocate, in cases ranging from five figures to hundreds of millions of dollars in dispute. This experience provided a great opportunity to witness and learn from some of the best construction mediators in the U.S. Upon retiring from law firm practice at the end of 2022, began to exclusively serve as a mediator and arbitrator of construction disputes under the business name Ford ADR. Mediations handled have included multi-party cases with as many as twenty parties. Mediations conducted have involved all the most common issues in dispute on construction projects such as delay claims, bid disputes, change disputes, liens, construction defects, design errors, failures to meet performance requirements, alternative methods of calculating monetary damages, claims for property damage, insurance coverage disputes, notice and consequential damages waiver issues and terminations. About half of the mediations conducted since 2020 have been virtual.

Representative Issues Handled as a Mediator

Construction defects in an oil storage facility Delay claims and construction defects in a manufacturing plant for health products Performance and design defect issues on bio fueled power plants Failure of drilling pipe materials used in gas well fracking operations Construction defects and delay claims on an aircraft service facility Property damage from an explosion at a chemical plant caused by a construction defect Delay, change order and defect claims on an apartment project Multiparty construction defect case on a condominium project Foundation failure on high end residential project Payment and performance disputes on a road project Payment disputes between a general contractor and HVAC subcontractor on multiple projects Disputes over delays and payment on an FF&E install contract for a hotel project E&O claim against a structural engineer on an office building project Claims involving owner, manufacturer, contractor and design firm arising from partial collapse of a storage facility Delay and performance disputes involving a food processing line moved from a facility in one state to another Overbilling dispute between a school district and a restoration contractor Contingent payment issue between design/builder and trade contractor resulting from insolvency of the project owner Performance, payment and delay issues between owner and specialty contractor relating to the control systems for a food processing line Design error, scope of work and performance issues between an owner and specialty contractor concerning a fire alarm and suppression system for a manufacturing plant Disputes between precast company and designers over responsibility for cracking precast panels Extra work and delay claims by a specialty vendor against the prime contractor on a petrochemical plant project Payment, unforeseen conditions and delay claims involving a subdivision developer and an excavation and paving contractor Payment and extra work disputes between a prime contractor, its subcontractors and the midstream energy owner on a natural gas compression plant Neutral evaluation of claims relating to delays in shipping fabricated modules from China to the U.S. $579 Million dispute between prime contractor and engineering firm involving damage to a tunnel boring machine and resulting delays to the tunnel project Developer claims against a geotechnical engineering firm on a one million square foot warehouse.

Mediator Style & Process Preferences

I think everyone would agree that each dispute has a unique context, set of personalities involved, stakes and desired outcomes. As was the case when I was an advocate, I have developed my own mediation “style”, freely borrowing from best practices of mediators who mediated cases in which I represented a party. My “style” is something of a mix of facilitative and evaluative. In cases where the parties have an ongoing relationship and desire, or have a pressing need, to preserve future collaboration, I would usually try to be more of a facilitator. In most construction mediations I have found the most effective style for me is evaluative, though facilitative techniques can also play a role, especially getting a mediation started. I do not employ a cookie cutter approach. I listen and learn from the parties and try to use what I believe to be the best approach for each mediation and that can even change during the mediation. When I am approached about mediating a case I try to determine if the parties are prepared to mediate. If not, I will assist them to determine what needs to be done to be prepared and schedule the mediation accordingly. I require a pre-mediation call with each party in addition to submission of position statements because I will learn things in that call I will usually not learn from position statements. I also use that call to start building a repertoire before we get into the actual mediation. The 45 years I spent primarily as a construction contract negotiator and advocate in construction litigation coupled with my experience as a neutral in mediation and arbitration equip me to help the parties realistically assess the strengths and weaknesses of their own and the other side’s positions. I will share my views when requested, but I also do that on my own initiative when it appears to me that it will benefit the process. I respect confidentiality of any information that a party asks be kept confidential. I do not have a rigid view on opening statements. In some cases, they may be helpful, but they can also be polarizing and consume time that might be better spent. With input from the parties I will confirm whether there will be opening statements before the mediation. Regardless, I believe in having a joint opening session before breaking into caucus sessions. I am willing to make a mediator’s proposal to settle a dispute if the parties want that and I believe I have a reasonable chance of fashioning a proposal that will work. Finally, I view mediation as a process, not a one-day event, and I encourage the parties to take the same view.

Technology Proficiency

Successfully completed Clearbrief Academy, May 2025. Substantial experience using Zoom and Teams to conduct mediations and arbitrations.

Education

University of Iowa (BA, Political Science, summa cum laude - 1974); University of Texas (JD - 1977).

Professional Licenses

Admitted to the Bar: Texas (1977); U.S. District Court: Northern, Eastern and Western Districts of Texas; U.S. Court of Appeals: Fifth Circuit; U.S. Court of Federal Claims (1988). Board Certified®, Construction Law, Texas Board of Legal Specialization (2016).

Professional Associations

Elected Fellow, American College of Construction Lawyers; Member, Dallas Bar Association’s Construction Law and Alternative Dispute Resolution Sections; Member, State Bar of Texas’ Construction Law and Alternative Dispute Resolution Sections; Member, American Bar Association’s Section on Dispute Resolution and Forum on Construction Law; Fellow, American Bar Foundation; Member, Texas Bar College.

Recent Publications & Speaking Engagements

Navigating the Complexities of the Federal Arbitration Act, Dallas Bar Association Headnotes April 2025; Navigating Discovery in Construction Arbitration: Striking the Right Balance, American Arbitration Association Webinar August 26,2025; Discovery in Arbitration, Dallas Bar Association Headnotes November 2025; Mediator's Proposals and ABA Formal Opinion 518, Dallas Bar Association Headnotes July 2026

Locations Where Parties Will Not be Charged for Travel Expenses

DFW area

Compensation

Hourly Rate: Not provided Daily Rate: $8,000.00 Study Rate: Not provided Cancellation: $3,500.00/Day Cancellation Period: 7 Days Comment: Hearing fee includes study time, premediation conference call with each party and day of mediation. No charge for first hour of travel time each way. Travel expenses reimbursed. Fee (to be split between parties) for two parties $8,000; three parties $11,250; four parties $14,000 and over four will be quoted. Half days are two-thirds the full day rate.

Languages

English

Citizenship

United States of America

Locale

Dallas, Texas