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Construction
is an extremely complex industry and is chiefly comprised of
architects, building designers, engineers, engineering ("A" license)
contractors, general ("B" license) contractors, approximately 46
sub-contractor ("C" license) specialty trades and the manufacturers
and suppliers of an endless list of building materials and
products.
Disputes often
arise and can frequently be mitigated with early intervention by a
skillful and highly experienced mediator, before they
become a litigated case.
When the
disputing parties become embroiled in the issues and can no longer
deal with each other, the dispute then often goes to the lawyers and
the case is filed and litigated in court or arbitration. This
inevitably becomes very expensive and time consuming.
Mediation is
an Alternative Dispute Resolution (ADR) option to litigation and is a
process in which the parties can participate directly with resolving
the disputed issues at hand. Mediating the litigated
construction case is a uniquely complex process which
often involves numerous parties and is often contentious.
Michael S.
Poles is a licensed general building contractor, construction manager,
inspector and a forensic expert witness. He brings more than 47
years of hands-on construction and business experience and knowledge
of complex and highly technical issues to the mediation process with
the proven ability to get right to the heart of the dispute and reach
a successful resolution.
Common Disputes
Change Orders, Contractor vs. Sub-Contractor, Cost Over Runs,
Defective Construction, Guest vs. Property Owner, Home Owner vs.
Contractor, Personal Injury, Quality of Workmanship, Schedule &
Delays, Tenant vs. Landlord
Project Types
Apartments, Commercial, Condominiums, Custom Homes, Fire
Stations, Hospitals, Hotels, Industrial, Offices, Police Stations,
Public Schools, Public Works, Shopping Centers, Skilled Nursing, Tract Housing, and
Theme Parks.
Technical Issues
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Americans With Disabilities Act (A.D.A.) |
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O.S.H.P.D.
and D.S.A. |
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Accident
Reconstruction |
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Personal
Injury |
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Building
Code Compliance |
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Plumbing
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Building
Code Standards |
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Premises
Liability |
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Change
Orders |
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Quality of
Workmanship |
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Claims
Analysis and Mitigation |
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Reinforced
Concrete |
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Construction
Administration |
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Reinforced
Masonry |
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Construction
Defects |
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Roofing and
Waterproofing |
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Contract
Compliance |
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Safety and
O.S.H.A. Standards |
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Contractors
State License Board |
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Scaffolding
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Cost
Estimating |
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Scheduling
and Delays |
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Customs and
Practices |
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Slips, Trips
and Falls |
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Design and
Implementation |
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Standards of
Care |
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Earthquake
Hazard |
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Standards of
Practice |
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Electrical
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Steps,
Stairs and Railings |
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Flooring and
Floor Covering |
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Structural
Failure |
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Framing (
Wood and Steel ) |
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Structural
Steel and Welding |
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Geotechnical
and Hydrological |
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Swimming
Pools and Spas |
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Heating,
Ventilating and Air Conditioning |
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Water
Intrusion and Mold |
Approach
Mr. Poles is a "Non-Attorney Mediator" who
expertly evaluates the technical aspects of the issues
while facilitating the parties in reaching a settlement.
Biography
Michael S. Poles joined his father's construction business in
1962 and built commercial, industrial and residential projects for
many years.
He conducted continuous special inspections of
reinforced masonry and reinforced concrete work during the course of
construction for hundreds of projects.
Michael was the Inspector of Record (IOR) for numerous
hospital construction projects and was registered as a Class "A"
Construction Inspector for health facilities by the Office of
Statewide Health Planning and Development (OSHPD), as well as for
public schools and state owned facilities registered by the Division
of the State Architect (DSA).
Mr. Poles is the chief executive of a construction consulting
firm known as MPGroup which is a collaboration of architects,
engineers, contractors and other construction technical experts
providing forensic expert witnesses for attorneys and insurance
companies.
Michael Poles was educated at the United States
Navy Hospital Corps School at the Balboa Naval Hospital, San Diego,
California and served in the United States Navy as a Hospital
Corpsman. He majored in pre-med at Santa Monica College and at
U.C.L.A. He later attended courses of study at Los Angeles Trade
Technical College and at Lumblau Real Estate School.
Michael
is a board member of the Beverly Hills Council of the Navy League of
the United States, a civilian non-profit organization in support of
our sea services: Navy, Marine Corps, Coast Guard and U.S. Flag
Merchant Marines.
Mr.
Poles received his mediation training at the Straus Institute
for Dispute Resolution at Pepperdine University School of Law and the
Institute for Mediation Studies and maintains a high level of
continuing education.
Michael is a member of the Court A.D.R. Panel of
Mediators with the Los Angeles County Superior Court Alternative
Dispute Resolution Program and is conducting both court ordered and
private mediation services.
While construction is Michael's specialty area of
expertise, he also utilizes his unique education and medical training
combined with more than 47 years of business experience to mediate
matters pertaining to Premises Liability, Real Estate,
Health Care and Elder Care.
Confidentiality
in Mediation "In
July 2004, when the California Supreme Court rendered its opinion in Rojas
v. Superior Court for the State of California, County of Los Angeles,
33 Cal. 4th 407 (2004). The Court overturned the ruling by the
Court of Appeal for the Second District which had constructed an
exception to mediation confidentiality in order to allow plaintiffs in
a subsequent proceeding access to documents which the trial court had
held (as a non-appealable finding of fact) to have been prepared for
the sole purpose of mediation. In reversing that ruling, the Supreme
Court held that confidentiality of mediation communications is
absolute as it applies to evidence prepared for the sole and limited
purpose of mediation (with the exception of evidence expressly
specified by statute)." -- Rojas
v. Superior Court: The Battle of Two Opposing Public Policies -- Eric
van Ginkel "The
premise for mediation confidentiality is that it enhances trust among
the parties and therefore, promotes the free flow of information,
which should in theory promote reasonable settlement of
cases." -- AMICUS
CURIAE BRIEF
in
Rojas v. Superior
Court for the State of California, County of Los Angeles,
33 Cal. 4th 407 (2004) OF
THE SOUTHERN CALIFORNIA MEDIATION ASSOCIATION (SCMA)
-- Jeff
Kichaven
"As
of January 1, 1998, mediation law across seven different California
codes is repealed, amended and unified into a new Evidence Code
chapter. It governs mediation in the fields of civil actions,
insurance, the environment, family, labor-management, community,
agency actions, etc." -- California's
Mediation Code -- Ron Kelly
Professional Associations
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American
Bar Association |
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Diplomate of the American Board of Forensic Engineering
and Technology |
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American
College of Forensic Examiners International |
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American
Society for Testing and Materials |
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American
Institute of Architects/Los Angeles |
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Beverly
Hills Bar Association |
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California Dispute Resolution
Council |
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Consumer
Attorneys of California |
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Consumer
Attorneys Association of Los Angeles |
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Construction Specifications
Institute |
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Forensic
Expert Witness Association |
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International Code Council |
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Los
Angeles County Bar
Association |
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Los
Angeles Construction Inspectors
Association |
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National
Fire Protection Association |
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National
Forensic Center |
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Navy League of the United States
| Beverly Hills Council
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Southern
California Mediation Association |
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Structural Engineers Association of
California |
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West
Hollywood Chamber of
Commerce |
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GET FLASH PLAYER |
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Web Design and
Production by Michael S. Poles / MPGroup.
Copyright
1996-2010 - ALL RIGHTS RESERVED
including the right of reproduction in whole or in any part, in
any form, without the express permission of Michael S.
Poles. |
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Construction |
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Premises Liability
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Real Estate |
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Health Care
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Elder Care
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Contact:
Address: |
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Michael S.
Poles GC, CM, RCI, DABFET, ACFE
1202 Greenacre
Avenue
West Hollywood, CA 90046-5708 |
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Phone: |
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323.874.8973 | 800.684.9100 |
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MPoles@MichaelPolesMediation.com |
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