Published at: “Revised Florida Arbitration Code: Arbitration Face‐Lift”, Hillsborough County Bar Association Lawyer, Vol. 24, No. 4, at 46 (February 2014); revised May 1, 2014 Effective July 1, 2013, most new arbitration agreements between Florida parties 1 are subject to the Revised Florida Arbitration Code (“RFAC”), Chap. 682, Fla. Stat. (2013).2 Here are some of…

Intro. Created by the Florida Legislature in 1999 in response to concerns about dwindling judicial resources and increasing delays in getting trial dates, Voluntary Trial Resolution (also sometimes referred to as “private trials”) provides a process likely to address most employment litigators’ concerns nicely. Voluntary Trial Resolution, at its base, is an alternative dispute resolution…

As we are all aware, in Florida, mediation is a primary dispute resolution tool. Its ubiquity is not limited just to the state or federal court systems where, with a vanishingly small number of exceptions, litigants are referred to mediation before trial in every case.2 Instead, mediation has become very common in administrative proceedings and…

So, let’s say you’re in mediation. The joint session is over, and you’re in caucus with your client – who isn’t sure what to do. You are performing the balancing act of advising the client about his or her options, while reminding the client that s/he is the one who has to make the decision….