Non-Binding Arbitration Mediation in Florida

Florida litigants may encounter non-binding arbitration as an alternative dispute resolution process designed to provide an early neutral evaluation of how a civil dispute might be resolved at trial. In a non-binding arbitration, the parties present their positions and supporting evidence to an arbitrator, who issues a written decision. A related approach sometimes used by agreement of the parties is a hybrid mediation-arbitration, in which the parties first attempt to resolve the dispute through mediation and, if settlement is not reached, transition to non-binding arbitration. Because mediation communications are generally confidential while information considered in arbitration must be available to all parties, hybrids require careful attention to confidentiality, disclosure, and the parties' agreement to the process. Since September 2020, I have led a group of arbitrators who meet twice monthly to discuss issues involving mediation and arbitration, with particular attention to non-binding arbitration (NBA). One recurring topic has been the use of hybrid proceedings and how they differ from traditional mediation or stand-alone non-binding arbitration.