How much better do I need to do at trial to avoid paying the other side’s costs?

Florida’s non-binding arbitration rules create a significant financial consideration for a party requesting a trial de novo. Under Florida Statutes Section 44.103, a plaintiff who requests a trial de novo may face liability for the other party’s attorney fees and costs incurred after arbitration if the plaintiff obtains a judgment at trial that is at least 25 percent less than the arbitration award. Similarly, a defendant who requests a trial de novo may face this consequence if the judgment entered against the defendant is at least 25 percent more than the arbitration award. The 25-percent comparison therefore makes the decision to reject a non-binding arbitration award and proceed to trial an important strategic and financial decision.