Arbitration For Example In Florida

State:
Multi-State
Control #:
US-00416-1
Format:
Word; 
Rich Text
Instant download

Description

The Arbitration Agreement outlines the process for resolving disputes related to the sale, purchase, or occupancy of manufactured homes in Florida through binding arbitration, as governed by the Federal Arbitration Act. This legally binding document is executed alongside an installment or sales contract and covers all claims arising from the transaction, including financing and service issues. Key features include the stipulation for arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules, and the selection of arbitrators based on specific qualifications. For claims under twenty thousand dollars, a single arbitrator is utilized, whereas claims above this threshold involve a panel of three arbitrators. The form includes steps for filing a Notice of arbitration and highlights that it waives the right to a jury trial, requiring users to understand the differences between arbitration and court processes. This document is essential for attorneys, partners, owners, associates, paralegals, and legal assistants involved in residential transactions, as it provides clarity on dispute resolution and streamlines the arbitration process. Additionally, legal professionals can utilize the Arbitration Agreement to ensure compliance and protect their clients' interests in disputes arising from the purchase of manufactured homes.
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FAQ

Pursuant to chapter 44, Florida Statutes, arbitration is a process whereby a neutral third person or panel considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. (a) Integrity, Impartiality, and Competence.

Rule 1.820 Hearing Procedures for Non-Binding Arbitration (a) Authority of the Chief Arbitrator. The chief arbitrator shall havehas the authority to commence and adjourn the arbitration hearing and carry out other such duties as are prescribed by section 44.103, Florida Statutes.

(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the ...

To enforce an arbitration agreement in Florida, a court must find that the party resisting arbitration entered into an arbitration agreement that is enforceable, and that the subject claims fall within the scope of the agreement.

Arbitration is a dispute resolution process whereby a neutral third person 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. Fla. Stat. Section 44.1011.

Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.

Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.

In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.

Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.

Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.

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Arbitration For Example In Florida