Arbitration is a process whereby a neutral third party or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. The arbitrator is similar to a judge, but the process often takes place outside of the court system. Arbitration may be invoked due to an arbitration clause in a contract between the parties. Arbitration may also be ordered by the Court. The arbitration process can be either binding or non-binding.
In binding arbitration, the decision is final, can be enforced by a court, and can only be appealed on very limited grounds. In non-binding arbitration, the arbitrator's decision is advisory and can be final only if both parties agree to it. However, in Florida, if the parties do not agree to the arbitrator's decision, there are potential repercussions outlined by statute, including a fee-shifting provision in certain circumstances
Arbitration
Arbitration
Offering Binding and Non Binding Arbitration
In binding arbitration, the decision is final, can be enforced by a court, and can only be appealed on very limited grounds
In non-binding arbitration, the arbitrator's decision is advisory and can be final only if both parties agree to it. However, in Florida, if the parties do not agree to the arbitrator's decision, there are potential repercussions outlined by statute, including a fee-shifting provision in certain circumstances
Binding Arbitration vs. Non Binding Arbitration