Arbitration of Family Disputes - Voluntary Binding Arbitration

Advantages and Disadvantages | Non-Binding Arbitration | Voluntary Binding Arbitration   
Qualifications & Professional Standards for Arbitrators | Additional Resources  

There is only one way to begin binding arbitration. Binding arbitration cannot be ordered by the court. Two or more parties to the litigation must agree in writing to use binding arbitration instead of litigation. Voluntary binding arbitration may not be used in any dispute involving child custody, visitation, or child support, or to any dispute which involves the rights of a third party not a party to the arbitration.

Either one arbitrator or a panel of three arbitrators are selected by the parties to the dispute or by the Court who orders arbitration. Arrangements are made in advance to pay for the cost of the arbitrator or arbitrators. A date is scheduled to hold the arbitration. The arbitrator or, in the case of a panel of three arbitrators, the chief arbitrator, has the power to administer oaths and to issue subpoenas and to conduct the arbitrator proceedings.

One significant difference between binding and non-binding arbitration is that the arbitration hearing in binding arbitration is much more formal. The Florida Evidence Code applies. Evidence and testimony must be presented and any failure to follow the evidence code is grounds for an appeal and reversal of the arbitration decision.

After hearing everything presented at the arbitration hearing, the arbitrator makes a decision. In the case of a panel, the decision must be a majority decision. The decision must be made in writing within 10 days of the hearing, although it is usually given orally at the conclusion of the arbitration and then reduced to writing and sent to everyone shortly thereafter. The decision must describe the issues in dispute and the arbitrator's conclusions and findings of fact and law.

The arbitrator or arbitration panel makes a binding decision, called the Arbitrator Award, shortly after the hearing. The Arbitrator Award is then submitted to the Court for confirmation and entry of judgment on the award.