Arbitration of Family Disputes - Qualifications & Professional Standards
for Arbitrators

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Qualifications & Professional Standards for Arbitrators | Additional Resources  

Professional Standards

Unless otherwise agreed in writing, arbitrators must be members of the Florida Bar for at least five years. All arbitrators must attend 4 hours of training in a program approved by the Supreme Court of Florida. The parties may agree to use the services of an arbitrator who has not completed the required training. Former Florida trial judges are exempt from the training requirements upon submission of documentation of such experience to the chief judge. The Supreme Court or Chief Justice may grant a waiver of the training requirement to any group possessing special qualifications which eliminate the necessity of such training.

Ethical Duties

An arbitrator is in a relationship of trust to the parties and must adhere to the highest standards of integrity, impartiality, and professional competence in providing professional service. An arbitrator may not accept any engagement, perform any service, or undertake any act which would compromise the arbitrator's integrity. An arbitrator must keep total charges for services and expenses reasonable and consistent with the nature of the case or within statutory payment limitations.

Ethical obligations begin upon acceptance of the appointment and continue throughout all stages of the proceeding. Certain ethical obligations begin as soon as a person is requested to serve as an arbitrator. Other ethical obligations continue after the decision in the case has been given to the parties.

An arbitrator must be candid, accurate and fully responsive to a court concerning the arbitrator's qualifications, availability, and other pertinent matters. An arbitrator must observe administrative policies, local rules of court, applicable procedural rules and statutes. Arbitrators serve at the pleasure of the chief judge of each judiicial circuit, who is responsible for enforcing the Rules of Conduct for Arbitrators.

An arbitrator must plan a work schedule so that present and future commitments are fulfilled in a timely and expeditious manner. An arbitrator should not accept appointments when arbitration assignments cannot be completed in a timely fashion.

An arbitrator must conduct the proceedings evenhandedly and treat all parties with equality and fairness at all stages of the proceedings. The hearing must provide both parties the opportunity to present their respective positions pursuant to the arbitration rules. An arbitrator should be patient and courteous to the parties, to their lawyers, and to the witnesses and should encourage similar conduct by all participants in the proceedings. When there is more than one arbitrator, the arbitrators should afford each other the full opportunity to participate in all aspects of the proceedings.

An arbitrator should, after careful deliberation, decide all issues submitted for determination. An arbitrator should decide no other issues. An arbitrator should not delegate the duty to decide to any other person. The arbitration decision should be definite, certain and as concise as possible. The arbitrator may include a settlement reached by the parties in the arbitration award, but is not required to do so unless satisfied with the propriety of the terms of the settlement. An arbitration award based on an agreement of the parties should state that it is based on an agreement.

Communication

Arbitrators should not discuss a case with any party in the absence of each other party, unless all parties request or consent that such discussion take place. Discussions may be held with a party concerning such matters as setting the time and place of hearings or making other arrangements for the conduct of the proceedings. The arbitrator should promptly inform each other party of the discussion and should not make any final determination concerning the matter discussed before giving each absent party an opportunity to express its views. If a party fails to appear at a hearing after having been given due notice, the arbitrator may discuss the case with any party who is present.

Whenever an arbitrator communicates in writing with one party, the arbitrator should at the same time send a copy of the communication to each other party. Whenever an arbitrator receives any written communication concerning the case from one party which has not already been sent to each other party, the arbitrator should do so.

Impartiality

An arbitrator must be impartial and advise all parties of any circumstances bearing on possible bias, prejudice or impartiality. Impartiality means freedom from favoritism or bias in word, action and appearance. Arbitrators should conduct themselves in a way that is fair to all parties and should not be swayed by outside pressure, public clamor, fear of criticism or self-interest. An arbitrator must withdraw from an arbitration if the arbitrator believes the arbitrator can no longer be impartial. An arbitrator may not accept or give a gift, request, favor, loan, or other item of value to or from a party, attorney, or any other person involved in and arising from any arbitration process. After accepting appointment, and for a reasonable period of time after the decision of the case, an arbitrator should avoid entering into family, business, or personal relationships which could affect impartiality or give the appearance of partiality, bias, or influence.

An arbitrator must disclose any current, past, or possible future representation or consulting relationship with any party or attorney involved in the arbitration. Disclosure must also be made of any pertinent financial interest. All disclosures shall be made as soon as the arbitrator becomes aware of the interest or relationship. An arbitrator must disclose to the parties or to the court involved any close personal relationship or other circumstance, which might reasonably raise a question as to the arbitrator's impartiality. All disclosures must be made as soon as the arbitrator becomes aware of the interest or relationship. The burden of disclosure rests on the arbitrator. After disclosure, the arbitrator may serve if both parties desire, unless the arbitrator believes or perceives that there is a clear conflict of interest. An arbitrator must not use the arbitration process to solicit, encourage, or otherwise incur future professional services with either party.

Competency

An arbitrator must maintain professional competence in arbitration skills. The arbitrator must stay informed of and abide by all statutes, rules and administrative orders relevant to the practice of arbitration and regularly engage in educational activities promoting professional growth. Upon request, an arbitrator must disclose the extent and nature of the arbitrator's training and experience. An arbitrator must decline appointment, withdraw, or request technical assistance when the arbitrator decides that a case is beyond the arbitrator's competence. In addition, the arbitrator must follow all relevant ethical standards which may be imposed upon the arbitrator by virtue of the arbitrator's professional calling.

Qualifications

Arbitrators must be members of the Florida Bar, except when otherwise agreed by the parties. The chief arbitrator must be a member of the Florida Bar for at least five years. Individuals who are not members of the Florida Bar may serve as arbitrators only on an arbitrator panel and then only upon the written agreement of the parties.

Arbitrators must attend four hours of training in a program approved by the Supreme Court of Florida. However, the parties may agree to use the services of an arbitrator who has not completed the required training.

Stephen D. Thompson, Esq., has been an arbitrator since August 1998. Mr. Thompson serves as a volunteer Child Support Hearing Officer for the Twentieth Judicial Circuit. He has presided over establishment and enforcement of support and visitation, taking evidence and making recommendations to the court since February 1993. He received the Dedicated Service Award in 1996 for exceptional volunteer service to the Twentieth Judicial Circuit Support Enforcement Hearing Officer Program.
Mr. Thompson's Qualifications