Alternative Dispute Resolution (ADR) offers an alternative to trial. It often saves clients both time and money by shortening the process and reducing attorney fees, court costs, and other expenses. Unlike litigation, which can feel hostile, ADR focuses on finding the best outcome for all parties.

Florida began offering ADR options in the 1970s, and today there are five main types: mediation, voluntary trial resolution, settlement conferences, neutral evaluation, and arbitration.

Mediation

In Florida, the State certifies mediators,  holds them to a high ethical standard, outlines their responsibilities, and establishes rules and certification standards, among other things. Mediation, as a whole, is a process that allows two parties to focus on finding a mutually beneficial resolution to their dispute. A mediator functions as a neutral party who is there to help the participants communicate with each other and arrive at an amenable agreement, if possible. Mediation is particularly useful when the relationship will continue after the dispute is resolved. Whether you are raising children together or running a business together, the cooperative nature of mediation can lay a foundation for a healthy future partnership. Mediation may not be the best option if there is abuse involved or in a scenario where someone is unable to attend.

As far as proceedings, mediation is governed by Florida statutes, Florida Rules of Civil Procedure, and by local laws, such as this example for the Middle District of Florida. Sometimes parties select mediation on their own, and at other times, it may be court-mandated. If mediation is not successful, there are other options to pursue.

Voluntary Trial Resolution

VTR, also known as private trial, was introduced in Florida in 1999. It resembles a traditional trial but happens before an attorney acting as a judge pro tempore. This attorney must be a Florida Bar member in good standing for at least five years.

Parties have ten days to agree on a judge, or the court assigns one. The process follows the Florida Evidence Code and Rules of Civil Procedure. Unlike arbitration, decisions can be appealed. However, VTR cannot be used for cases involving children or constitutional questions.

Settlement Conferences

Settlement conferences are similar to mediation. A neutral settlement officer—sometimes a judge—helps parties explore possible resolutions. Attorneys present their clients’ positions, and the officer may meet with each side separately.

The officer then communicates offers and counteroffers. While the officer cannot force a settlement, the process often helps parties reach an agreement. If successful, attorneys draft a detailed settlement document.

Neutral Evaluation

Neutral evaluation is less common but valuable in technical cases. A subject matter expert listens to both parties, reviews evidence, and asks clarifying questions.

The evaluator then provides an opinion on the strengths and weaknesses of each case, usually in writing. They may also suggest a potential resolution.

Arbitration

Arbitration is less formal than trial. Non-binding arbitration, for example, focuses on efficiency. Rule 1.820 of the Florida Rules of Civil Procedure states that testimony should be minimal and cases should rely primarily on counsel’s arguments.

Arbitration can be binding or non-binding:

Non-binding arbitration allows parties to move to trial if they reject the decision. However, this may mean additional costs.

Binding arbitration means parties waive the right to trial. The arbitrator’s decision is final, with limited grounds for appeal, such as misconduct or constitutional issues.

Some Things to Consider About Alternative Dispute Resolution

If you’re thinking about alternative dispute resolutions in Florida, the key things to evaluate before moving forward are what process you want to use, who the neutral third party will be, and at what stage of your case will you pursue ADR. These are all factors that you can discuss with a skilled attorney.

At Boyer Law Firm, our dedicated team is here to assist you with exploring alternative dispute resolution options to your case. We have many years of experience at our disposal. Contact us today with any questions you may have for us.