What is a “trial de novo,” and what risk comes with requesting one?

A trial de novo is a new trial of the case before the court, requested by a party who is dissatisfied with the non-binding arbitration award and wishes to have the matter decided at trial instead. While the right to request one is a central feature of non-binding arbitration, it carries a real financial risk involving liability for the other party’s attorney fees and costs incurred after the arbitration.
Under Florida Statutes Section 44.103, this risk can arise when:
A plaintiff who requested a trial de novo obtains a judgment at trial that is at least 25 percent less than the arbitration award; or
A defendant who requested a trial de novo has a judgment entered against the defendant that is at least 25 percent more than the arbitration award.
This provision is designed to discourage parties from rejecting a reasonable arbitration award and forcing a trial without good reason.