Why Consider a Hybrid Proceeding?

Hybrid mediation-arbitration is not appropriate for every dispute. Some parties may prefer traditional mediation without the possibility that the mediator will later become the arbitrator. Others may not be adequately prepared to mediate before their scheduled arbitration.

When the parties understand the process and agree to it, however, a hybrid can offer an efficient opportunity to pursue settlement before moving directly into arbitration. It effectively provides two opportunities for resolution in a single proceeding: First, can the parties negotiate their own agreement through mediation? If not, can non-binding arbitration provide an independent assessment that helps move the dispute toward resolution without trial?

The Importance of Understanding the Process

Non-binding arbitration and mediation serve different purposes. Mediation allows the parties to negotiate their own resolution with the assistance of a neutral mediator. Non-binding arbitration asks a neutral arbitrator to evaluate the dispute and issue a decision under the applicable rules.

A hybrid combines elements of both, but doing so requires particular attention to confidentiality, disclosure, the neutral's changing role, and the parties' agreement to the procedure. When those distinctions are understood and the proper procedures are followed, non-binding arbitration—and, where appropriate, hybrid mediation-arbitration—can provide parties with additional opportunities to evaluate and resolve contested civil disputes before trial.

Florida Rules and Authorities

Attorneys considering non-binding arbitration or a hybrid proceeding should review the applicable Florida authorities, including Florida Statute 44.103, Florida Rules of Civil Procedure 1.700-1.730, 1.800-1.830, MEAC 2015-003, 20th Cir. Admin. Order — AO 1.15 or similar Order in the applicable Circuit and the other governing rules, statutes, administrative orders,