Florida Arbitration Submission Agreement
Description
How to fill out Arbitration Submission Agreement?
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FAQ
Employees who sign mandatory arbitration agreements with their employers in connection with their employment must arbitrate all disputes with their employers according to Florida's Fifth District Court of Appeal.
The Arbitration Act 1996. 1. Arbitration is a form of dispute resolution in which the parties agree to submit their dispute to a neutral third party (an arbitrator, or an arbitral tribunal) for determination, and to be bound by the resulting decision (the arbitral award).
Any dispute, controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial or other Arbitration Rules which shall take place in West Palm Beach, Florida, and
In the submission agreement, the parties agree to submit only a specific dispute to arbitration. They can do so at the time the dispute arises, while the parties are engaged in negotiations for a resolution, or even if the dispute is already being actively litigated in court.
Employers may use mandatory arbitration provisions where they want to resolve employment-related disputes by binding arbitration rather than in court. Mandatory arbitration provisions of employment-related claims, including statutory claims for discrimination, are enforceable in Florida (Epic Sys., Inc.
Arbitration is not required or mandated when there is no agreement to arbitrate. An employee cannot be compelled to arbitrate unless he or she agreed to do so. The intent of both parties lies at the heart of the issue of whether an arbitration agreement should or should not be enforceable.
In Florida, even if there is no arbitration agreement in place that legally necessitates the use of arbitration to resolve a dispute, the parties involved in a dispute can voluntarily agree to participate in binding arbitration.
232. (1) An agreement contained in a record 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.
The short answer is no, you do not need a lawyer in arbitration. However, because the dispute resolution process is adversarial in nature, and the outcome is often final and affects your rights, you may want a lawyer's help in preparing and presenting your case.
Arbitration is a form of alternative dispute resolution in which the dispute will be heard by a certified, neutral arbitrator or tribunal of neutral arbitrators.