In 1999, the Florida legislature passed legislation sponsored by the Trial Lawyers Section of the Florida Bar. This law mirrored California’s approach to reducing court backlogs and delays in securing trial dates while addressing diminished judicial resources. Florida’s Statute 44.104 formalized the process for voluntary binding arbitration and trial resolution.
Under this statute, a lawyer who has been in good standing with the Florida Bar for at least five years can act as a trial resolution judge (44.104.2). If both parties agree on a candidate, the court will honor their selection. However, if the parties fail to agree, the court will appoint a resolution judge within ten days of the request. Unlike arbitration, voluntary trial resolution applies the Florida Evidence Code and the Rules of Civil Procedure, making the process more formal and similar to a standard civil trial. For instance, the trial resolution judge can issue orders on motions to dismiss and resolve discovery disputes as they arise.
It is important to note one key distinction between a traditional trial and voluntary trial resolution: While legislative attempts have been made to allow jury trials in private trial proceedings, no such procedure currently exists.
What Are the Benefits?
Choosing this trial comes with several benefits. First, like other alternative dispute resolution methods, it is often more cost-effective than going through the standard trial process. Additionally, parties have more control when they agree on a trial resolution judge. This enables flexibility in choosing the decision-maker, scheduling, and preserving appeal rights, distinguishing voluntary trial resolution from arbitration. Paying a trial resolution judge may seem costly but can save time and money by avoiding lengthy litigation.
What Doesn’t Qualify for Voluntary Trial Resolution?
According to Statute 44.104.14, voluntary trial resolution is not permitted in certain cases:
“This section shall not apply to 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 or voluntary trial resolution when the third party would be an indispensable party if the dispute were resolved in court…”
In Florida, cases involving child custody, visitation, or Constitutional law cannot use voluntary trial resolution. However, for family-related disputes, mediation may still be a viable alternative.
How Is Voluntary Trial Resolution Different From Arbitration?
The most significant differences between voluntary trial resolution and arbitration are formality and the ability to appeal decisions.
Under Florida law, appeals for arbitration are limited to specific situations. Florida Statute 44.104.10 outlines these conditions:
“An appeal of a voluntary binding arbitration decision shall be taken to the circuit court and shall be limited to review on the record and not de novo…”
By contrast, voluntary trial resolution allows parties to petition for a final judgment and appeal certain decisions. Florida Statute 44.104.11 states:
“Any party may enforce a final decision rendered in a voluntary trial by filing a petition for final judgment… Upon entry of final judgment by the circuit court, any party may appeal to the appropriate appellate court.”
While factual findings cannot be appealed, the statute gives parties greater control over the outcome than arbitration. As a result, this resolution offers both formality and flexibility, making it a valuable tool for dispute resolution.
Are You Considering Voluntary Trial Resolution?
Our experienced attorneys at Boyer Law Firm can help you determine if this option is right for your situation. We are here to answer your questions and guide you through the process. Contact us today to learn more about your legal options and how we can help you achieve the best possible outcome.
