Arbitration is one of the many ways to formally resolve a dispute. It is known to be effective, requiring less time and money than standard litigation proceedings. In Florida, even if there is no arbitration agreement in place, both disputing parties can agree to arbitration. Before proceeding with arbitration, seek the counsel of a Florida construction lawyer. In this article, we examine arbitration and what to expect when anticipating arbitration.
5 Steps in the Right Direction
1. Make Written Request for Arbitration
Write a statement on the nature of the dispute and the amount demanded. Then send a copy to the other party and a claim to the American Arbitration Association (AAA).
2. Select Arbitrators
After you or your Florida construction lawyer file the claim papers, the AAA sends lists of possible arbitrators. Strike out the names of the arbitrators who don’t meet your preference and number the remaining names in order of preference. Arbitration lends an opportunity for selecting a neutral arbitrator who is knowledgeable about the nuances and issues of the construction industry. Arbitrators are not judges or jurors but individuals selected from a list of private neutral candidates. The AAA appoints one or three arbitrators per proceeding, and this number depends on the value or amount in dispute.
3. Decide Times and Place of Arbitration
Once they are selected, a preliminary hearing will be held mandating what can and cannot be done in the arbitration hearing. Arbitration hearings are less formal and held outside of the judicial system.
4. Conduct Arbitration Hearing
After the time and location have been determined, each party has an opportunity to present their case, call witnesses for testimonies, and present evidence. The parties may choose representation by attorneys but are free to represent themselves.
5. Present Decision
Once the hearing is complete, the arbitrator(s) deliberate and issue a decision. After the hearings have ended, the arbitrators have 30 days to mediate and decide on the award. However, regardless of the decision, the advantage of arbitration is a dispute with practically no publicity.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.