For many, privacy is a priority, but legal proceedings cannot always provide this level of confidentiality. Fortunately, for those who do not want their personal matters to become public record, there are alternative dispute resolution methods. Arbitration is an excellent alternative to traditional court processes. However, enforcing an arbitration award can be complex. This is where an attorney can make the process much simpler. Continue reading to learn how to enforce an arbitration award in Florida.
What Is an Arbitration Award?
Arbitration is a method used to resolve legal disputes. This alternative dispute resolution process is more private than court proceedings, as it does not become public record. Additionally, parties are not required to pay Florida state court fees for an arbitration case, making it a more economical option.
During the arbitration process, both parties agree to present their cases to an arbitrator instead of a judge. The arbitrator must have at least a bachelor’s degree in political science, law, or a related field and must approach the process completely impartially. After hearing the details of the case, the arbitrator delivers a final decision on the matter. This decision is called an arbitration award, and it is typically legally binding and cannot be appealed.
Following the Award: Legal Considerations
Since both parties have agreed to resolve their dispute through arbitration in advance, most parties comply with the arbitrator’s decision. However, in some cases, one party may refuse to pay or comply with the decision. The arbitrator does not have the legal authority to enforce the decision. At this point, the winning party must seek to have the arbitration award confirmed by the court to make it legally enforceable.
This process can be confusing because the arbitration award is a final decision. The American Arbitration Association (AAA) cannot provide advice on enforcement, so it is essential to consult with an attorney for professional assistance.
Filing an Arbitration Award in Florida
If you’ve won your arbitration case, you will need to file the arbitration award with the Florida State Court. This process is difficult to handle on your own, and you will likely need the guidance of an experienced attorney. Alternative dispute resolution (ADR) attorneys are knowledgeable about how to complete the correct paperwork, file it properly, and ensure the court enforces the arbitration award. Once the court confirms the decision, your attorney will initiate the process of enforcing the award.
File a Petition to Confirm
Your attorney will file a request to legally confirm the arbitration award. This request will include information about the proceedings and the decision. It will also address the impact of the award on the involved parties or entities. The process is handled through the Florida state court system.
Once the filing is complete, the losing party in the arbitration case will receive a notice. This notice is a legal request to confirm the award, and the party will have the opportunity to object.
Objections and Hearings
The losing party may object to the award by providing a valid legal reason. This is rare because there are generally few valid reasons for objections. However, in some cases, a party might claim misconduct or bias by the arbitrator. In such instances, a hearing will take place. Both parties’ attorneys will have the opportunity to present evidence and arguments in court. The Florida State Court will decide whether the objection is valid. Hiring an attorney experienced in arbitration cases increases your chances of a successful outcome.
Confirmation Order
A confirmation order is the next step in enforcing the arbitration award. The court will issue an official order to enforce the decision. If the losing party refuses to pay or comply, the court can enforce the award through alternative means, such as seizing property, freezing bank accounts, or garnishing wages.
Modified Awards
In Florida, the circuit court is required to enforce an arbitration award unless there is a valid reason not to. In rare cases, modifications to the award may be necessary. If you believe the award should be modified, an attorney can provide you with an objective legal perspective on whether your request is justified.
Errors in calculations or mistakes regarding the person or property referred to in the award are valid reasons for modification. Additionally, misconduct or bias on the part of the arbitrator, if proven, can also be grounds for modifying the award. Another potential issue is the lack of an arbitration agreement, although this is rare since both parties typically voluntarily agree to the arbitration process.
Find an Experienced Attorney
Securing professional support from an ADR attorney is crucial in obtaining the compensation you deserve. At Boyer Law Firm, we are here to listen to your unique situation and create the best course of action for you. Feel free to contact us to discuss your case.
