Using Arbitration For Dispute Resolution In Miami-Dade
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FAQ
Disputes that cannot be resolved through arbitration. Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
A party is deceived, intimidated, or coerced during the execution of the arbitration agreement and requests a declaration that such arbitration agreement is invalid; and. The arbitration agreement violates prohibitions specified by the law.
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.
If you continue to work after you are informed that a forced arbitration agreement governs your employment, you may be bound by it, even if you refuse to sign it. If you quit – or if you are fired for refusing to sign the “agreement”- you may not have any grounds to sue.
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.
Florida law says that “an agreement … to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.”
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed programs, and resolving community disputes.
