An Arbitration clause is a contractual provision that mandates arbitration of disputes about the rights, duties, and liabilities of the contracting parties. This provision results in the avoidance of litigation.
Florida Motion to Compel Arbitration - No Waiver of Right
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In a state or federal court, if someone files a motion to compel arbitration, but actively participates in the court proceeding, she can be alleged to have WAIVED arbitration. If there is waiver of arbitration Florida, then you are stuck in state or federal court.
Even if you don't currently have a dispute with the company, it is a good idea to opt out of the forced arbitration clause to preserve your options. You can always agree later to use an arbitrator to resolve any dispute. Moreover, if you have opted out, you will have more negotiating power if there is a problem.
[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.
[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.
If you're a prospective plaintiff, however, the most important thing for you to know is that signing a mandatory arbitration clause means you waive your right to file your claim in court to be tried by a judge and/or jury.
2d 208, 211 (Fla. 4th DCA 1994)). For example, defending an action on the merits by answering a complaint without demanding arbitration constitutes a waiver.
An arbitration clause may make the arbitration either mandatory or voluntary. A dispute that is subject to mandatory arbitration must go through arbitration. In voluntary arbitration, both sides submit their disagreement to arbitration after it arises. Arbitration may or may not be binding.
Motions to Dismiss Some courts have found that a motion to dismiss can waive arbitration rights, but ?[n]ot every motion to dismiss is inconsistent with the right to arbitration.? See, e.g., Hooper, 589 F. 3d at 922.