Arbitration in Florida
Arbitration is a private dispute resolution process in which parties submit their dispute to a neutral arbitrator who evaluates evidence and issues a decision. Florida recognizes arbitration as a valid alternative to litigation, governed by the Florida Arbitration Code (Chapter 682) and, for interstate matters, the Federal Arbitration Act.
The Arbitration Process
Florida arbitration typically begins with a demand served by one party on the other pursuant to an arbitration agreement. The parties select an arbitrator (or panel), exchange relevant documents, and present their cases at a hearing. The arbitrator applies the applicable law and issues a written award. In binding arbitration, the award can be confirmed by a Florida circuit court and enforced as a judgment.
Advantages and Limitations
Arbitration offers speed (typically 6-12 months versus 18-36 months for litigation), privacy (hearings are not public), flexibility in scheduling and procedure, and finality (very limited appellate review). However, the limited review also means errors by the arbitrator are difficult to correct. Discovery is typically more limited than in court, which can disadvantage the party with less access to information.
Related Terms
Barnes Walker Litigation
Barnes Walker represents clients in arbitration proceedings throughout Southwest Florida. Contact us for arbitration guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC