ARBITRATION

Arbitration is a method of dispute resolution that takes place outside the traditional courtroom setting. In arbitration, the parties involved—whether represented by lawyers or not—present their facts and legal arguments in a process that is typically more flexible and less formal than a court trial. The strict rules of evidence do not generally apply, allowing for a more streamlined exchange of information. Frequently, the parties can agree on some of the facts in advance, which can further simplify the proceedings.

The case is then heard and decided by one or, in some cases, a panel of three arbitrators. These neutral individuals listen to the presentations, review the evidence, and ultimately render a decision that resolves the dispute. Arbitration procedures can be governed by rules established in a prior contract between the parties or by relevant laws, which may set forth guidelines for the process. This approach to dispute resolution is valued for its efficiency, privacy, and the ability to tailor the process to the needs of the parties.

According to Florida law, a judge may require parties involved in an ongoing lawsuit to participate in arbitration. Depending on the specific legal situation, the arbitrator’s decision can be either binding or non-binding for the parties involved. Shields McManus has experience participating in arbitrations as both a lawyer and an arbitrator.