Non-binding arbitration

In non-binding arbitration each side presents evidence to an arbitrator or an arbitration panel chosen by the parties.  The arbitrator will evaluate the evidence presented and will render a decision based on the evidence and the law.

In most cases, non-binding arbitration is ordered by a judge.   The manner arbitrations are conducted will differ in each Florida district and or administrative agency.

Binding arbitration

In binding arbitration, voluntary agreement between the parties is required.  As in non-binging arbitration the presentation of evidence and testimony of witnesses is more informal and often limited.  In agreeing to binding arbitration, the parties understand that the decision of the arbitrator is final and cannot be heard de novo by the Court.

Any removal to Court of an arbitrator’s final decision is limited to a showing of:

1. a departure from established rules of procedure or evidence;
2. misconduct of the arbitrator; and
3. if the decision of the arbitrator is contrary to the Florida Constitution.