Page 114 - Akerman | 2016 Guide to Doing Business in Florida

One of the key features of Florida mediation is that the parties or their authorized
representatives having full authority to settle, not merely the attorneys of record, must attend the
mediation. The parties may stipulate or the judge may allow a party to attend by telephone,
upon motion made for good cause, but Florida courts are vigilant in requiring party attendance
at mediation. Upon the failure of a party to attend mediation without good cause, and upon
motion made, the court shall impose sanctions on the disobedient party. (Fla. R. Civ. P.
1.720(f)).
Finally, mediation is not limited to trial court disputes. Parties have the option to mediate at the
appellate level if they so choose (Fla. R. App. P. 9.700), and the Fifth District Court of Appeal
has a mandatory mediation process. In addition, the United States Court of Appeals for the
Eleventh Circuit requires almost every civil appeal to proceed through at least an initial
evaluation of the appropriateness of mediation.

11.3.2 Arbitration

Whereas mediation is a non-adversarial process through which the parties are encouraged to
reach a voluntary settlement, arbitration is an adversarial process generally resulting in a binding
decision. Arbitration is a proceeding in which a neutral third party, or panel of persons, the
arbitrator(s), considers the facts and arguments presented by the parties, typically in an
evidentiary hearing, and then renders a decision, or award, that is usually binding.

The Revised Florida Arbitration Code is contained in Chapter 682 of the Florida Statutes.
Florida has adopted the Revised Uniform Arbitration Act with a few modifications. The key
provisions include:

a. Arbitration agreements are valid, irrevocable, and enforceable (§ 682.02).

b. Courts have authority to compel or stay arbitration (§ 682.03).

c. Procedures are specified for conducting arbitration and for confirmation,
vacation, modification or correction of an award (§§ 682.04-682.14).

d. Courts are to enter a judgment based on an order confirming, modifying or
vacating an award (§ 682.15).
e. Appellate review is available for decisions granting, denying, or staying
arbitration, confirming or vacating an award, or modifying or correcting an
award (§ 682.20).
f. Provisional remedies are available to protect the effectiveness of the arbitration
proceeding to the same extent as if the controversy were the subject of a civil
action (§ 682.031).

g. Judicial enforcement is available for a pre-award ruling by the tribunal
(§ 682.081).
Although Florida has a separate arbitration code for both domestic and international disputes
(see below), the vast majority of decisions by Florida courts arise under the Federal Arbitration
Act, Title 9 U.S.C. § 1, et seq., which governs arbitration for any issue involving interstate or
foreign commerce or a maritime transaction.

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