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Arbitration

Arbitration in Florida: Benefits, Process & Legalities

Arbitration is a popular alternative dispute resolution mechanism in Florida. It is a process that allows parties to resolve their disputes outside of court in a private and confidential setting.

Arbitration in Florida:

Benefits of Arbitration in Florida

Arbitration offers several benefits over traditional litigation. These benefits include:

  1. Confidentiality: Arbitration proceedings are private and confidential. This means that the parties can avoid the negative publicity that often comes with court proceedings.
  2. Flexibility: Arbitration allows parties to customize the process to their needs. This can include selecting the arbitrator, determining the location and time of the hearing, and setting the rules of procedure.
  3. Speed: Arbitration is typically faster than litigation. The parties can avoid the lengthy delays that often occur in court proceedings.
  4. Expertise: Arbitrators are typically experts in the subject matter of the dispute. This can lead to more informed decisions and a greater likelihood of a fair resolution.
Arbitration Process in Florida

Arbitration Process in Florida

The Florida Arbitration Code governs the arbitration process in Florida. The process typically involves the following steps:

  1. Agreement to Arbitrate: The parties must first agree to arbitration. This can be done through a contract clause or a separate agreement.
  2. Selection of Arbitrator: The parties must then select an arbitrator. This can also be done through mutual agreement or a selection process specified in the agreement.
  3. Preliminary Hearing: The arbitrator will typically hold a preliminary hearing to discuss the issues and schedule the arbitration proceedings.
  4. Discovery: The parties may engage in limited discovery, which typically involves the exchange of documents and information relevant to the dispute.
  5. Hearing: The arbitrator will then hold a hearing to hear the parties’ evidence and arguments.
  6. Decision: The arbitrator will issue a written decision, which is typically binding on the parties.

Legal Requirements for Arbitration in Florida

Several legal requirements must be met for arbitration in Florida. These requirements include:

  1. Valid Agreement: There must be a valid agreement to arbitrate between the parties.
  2. Impartial Arbitrator: The arbitrator must be impartial and not have any conflicts of interest.
  3. Notice: The parties must be given adequate notice of the arbitration proceedings.
  4. Due Process: The parties must be allowed to be heard and present evidence.
  5. Written Decision: The arbitrator must issue a written decision that is enforceable under the law.

Conclusion

Arbitration is a popular alternative dispute resolution mechanism in Florida. It offers several benefits over traditional litigation, including confidentiality, flexibility, speed, and expertise. The process typically involves the agreement to arbitrate, arbitrator selection, preliminary hearing, discovery, hearing, and decision. Legal requirements must also be met, including a valid agreement, impartial arbitrator, notice, due process, and a written decision.

Michael F. Tew, Florida Supreme Court Certified Circuit Mediator and State-Qualified Arbitrator

Hire Michael F. Tew Mediation Services for your arbitration service needs. Michael has handled a wide variety personal injury of property damage and other civil litigation matters during his extensive legal career spanning more than 40 years. Contact Michael today at 239-418-0888  to schedule your arbitration or to discuss the process.

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