Courts, already overburdened by case loads, have found themselves in even more of a backlog due to COVID-19 pausing jury trials. As a result, cases have been unable to move forward and are piling up.
Courts and attorneys have been trying to find ways to help alleviate this backlog. One avenue being taken is the use of non-binding arbitration, which is governed by section 44.103 of the Florida Statutes and rule 1.820 of the Civil Rules of Procedure.
Non-binding arbitration is an informal trial-like process in which testimony and evidence is presented, oftentimes through the statements and argument of counsel, to an arbitrator or panel of arbitrators. While arbitration can be expense, it is far less expensive and not as time consuming as a full jury trial.
Upon completion of the hearing, the arbitrator(s) will review the information presented and make findings of fact and law. Depending on those findings, the arbitrator may enter a monetary award or other relief. This decision must be rendered within 10 days of the final adjournment.
If either party disagrees with the decision, a motion for trial de novo must be filed within 20 days of the arbitrator’s decision. If not timely filed, the arbitrator’s decision will go to the presiding trial judge for entry of any orders and judgments that will carry out the decision. Parties should be mindful that they can choose certain portions of the findings and/or award to accept and move for a trial de novo on any unacceptable portions of the decision. Any findings or awards not objected to will become binding on the parties.
While this option may not be the best course for all cases, and may not ultimately resolve the case, it can be a handy tool to move the case forward. The decision of the arbitrator, even if set aside, can assist both sides in further evaluating their case and possibly lend itself to a resolution by other means.
Kimberlee Martin, Esq.
Learn more about Kimberlee here!
DISCLAIMER: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Cohen Law Group through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information by clicking here.
