Alternative Dispute Resolution (ADR) in Florida
Alternative dispute resolution encompasses methods for resolving legal disputes outside of traditional courtroom litigation. In Florida, ADR has become an integral part of the justice system, with courts actively requiring or encouraging mediation and arbitration across civil, commercial, and family matters.
Mediation
Mediation is the most common form of ADR in Florida. A certified mediator facilitates negotiations between the parties, helping them identify common ground and craft a voluntary settlement. Florida courts routinely order mediation before trial in civil cases. The process is confidential under Section 44.405, and statements made during mediation cannot be used as evidence if the case proceeds to trial.
Arbitration
Arbitration provides a more structured process where a neutral arbitrator receives evidence, hears arguments, and issues a decision. Florida's Arbitration Code (Chapter 682) governs binding arbitration, producing awards that courts can confirm and enforce as judgments. Many Florida commercial contracts, construction agreements, and employment contracts include mandatory arbitration clauses that require disputes to be resolved through arbitration rather than litigation.
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Barnes Walker Litigation
Barnes Walker represents clients in mediation, arbitration, and all forms of ADR throughout Southwest Florida. Contact us for dispute resolution guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC