Arbitration (State and Federal)
Arbitration is often used for the resolution of Commercial disputes, particularly in the context of international commercial transactions. Arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts.
Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision can not be imposed on the parties.
Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards.
Almost any case that is in the courts arena can be brought before an arbitrator with the consent of all parties. Additionally, many corporate contract disputes require the dispute be referred for arbitration.
Our firm has several mediators who are Florida Supreme Court qualified arbitrators who are versed in a variety of commercial issues which are often the subject of contractual arbitration processes such as employment, professional liability, and construction.