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Did You Know There is a Voluntary Trial Option in the Orlando, Florida Area?

Did you know that in the Orlando, Florida area you can take advantage of Florida Statute 44.104 for voluntary binding arbitration and voluntary trial resolution? Here are a few questions you may consider: “What is that? Is it right for you?  Is it something you might want to use? How do you take advantage of that? What is the cost? What are the requirements? What are the consequences?”

Florida Statute 44.104 allows two or more opposing parties involved in a civil dispute to agree to binding arbitration or voluntary trial resolution, in lieu of litigation of the issues involved, prior to or after a lawsuit is filed, provided no constitutional issue is involved. The arbitrator or resolution judge shall be compensated by parties according to agreement. 

How it Works

Within 10 days after the submission of the request of binding arbitration or voluntary trial resolution, the court shall provide for appointment of arbitrator or resolution judge. Once appointed, the arbitrator or trial resolution judge shall notify the parties of the time and place of the hearing.

Filing the application for binding arbitration or voluntary trial resolution will toll the running of the applicable statute of limitations.

Presenting Evidence

The chief arbitrator or trial resolution judge may administer oaths or affirmations and conduct the proceedings as the rules of court provide. At the request of any party, the chief arbitrator or trial resolution judge shall issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may apply to the court for orders compelling attendance and production. Subpoenas shall be served and enforceable in the manner provided by law. The Florida Evidence Code shall apply to the arbitrator or voluntary trial resolution. 

Requirements for Filing

Florida Statute 44.104 (11) states that any party may enforce a final decision rendered in a voluntary trial by filing a petition for final judgment in the circuit court in the circuit in which the voluntary trial took place. Upon entry of a final judgment by the circuit court, any party may appeal to the appropriate appellate court. However, factual findings determined in the voluntary trial are not subject to appeal. That means that the appellate court is bound by the factual findings of the trial resolution judge. 

The harmless error doctrine shall apply in all appeals, and the orders are enforceable by the contempt powers of the court.

Limitations

This section shall not apply to any dispute involving child custody, visitation, or child support, or any dispute which involves rights of a third party not a party to arbitration or voluntary trial resolution when the third party would be an indispensable party if the dispute were resolved in court or when the third party notifies the chief arbitrator or trial resolution judge that judge that the third party would be a proper party if the dispute were resolved in court, that the third party intends to intervene in the action in court, and that the third party does not agree to proceed under this section. 

Provided you meet the criteria, voluntary binding arbitration or voluntary trial resolution might be the best option for your case. If you have questions about this statute or any other Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege. 

(Source: Online Sunshine)