VOLUNTARY ARBITRATION

Arbitration can be voluntary, as is the case when parties to a contract agree to require arbitration in the event of a dispute. Even where no contract exists, the parties may voluntarily agree to arbitrate after a dispute arises. Sec. 44.104 of the Florida Statutes, provides authority for voluntary binding arbitration, as does Chapter 682, Florida Statutes.

Because voluntary arbitration is, as its name implies, at some point in the process voluntary, it allows for creativity in tailoring the arbitration process to mirror the intent of alternative resolution of disputes out of court.

In most arbitrations, the parties can utilize one arbitrator or a panel of three to save time and expense. The parties may also agree to arbitrate pursuant to the rules and procedures of the American Arbitration Association, or the parties may create their own procedure. The arbitrator can limit testimony to that of the parties. All other witnesses' evidence can be presented either by testimony or by way of affidavits. Also, discovery can be limited to production of documents only, or agreeing to limit the taking of depositions to the parties only or designated parties.  It is the intent of arbitration not to conduct a trial but to reach an accurate, fair decision in a streamlined manner.