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FL · rules

Fla. R. Civ. P. 1.820

Hearing Procedures for Non-Binding Arbitration

activein force · 2026-04-01 – presentact-effective-date

(a) Authority of the Chief Arbitrator. The chief arbitrator

has authority to commence and adjourn the arbitration hearing and

carry out other duties under section 44.103, Florida Statutes. The

chief arbitrator does not have authority to hold any person in

contempt or to in any way impose sanctions against any person.

(b) Conduct of the Arbitration Hearing.

(1) The chief judge of each judicial circuit must set

procedures for determining the time and place of the arbitration

hearing and may establish other procedures for the expeditious and

orderly operation of the arbitration hearing to the extent such

procedures are not in conflict with any rules of court.

(2) Hearing procedures must be included in the notice

of arbitration hearing sent to the parties and arbitration panel.

(3) Individual parties or authorized representatives of

corporate parties must attend the arbitration hearing unless

excused in advance by the chief arbitrator for good cause shown.

(c) Rules of Evidence. The hearing must be conducted

informally. Presentation of testimony must be kept to a minimum,

and matters must be presented to the arbitrator(s) primarily

through the statements and arguments of counsel.

(d) Orders. The chief arbitrator may issue instructions as

are necessary for the expeditious and orderly conduct of the

hearing. The chief arbitrator’s instructions are not appealable. On

notice to all parties the chief arbitrator may apply to the presiding

judge for orders directing compliance with such instructions.

Instructions enforced by a court order are appealable as are other

orders of the court.

(e) Default of a Party. When a party fails to appear at a

hearing, the chief arbitrator may proceed with the hearing, and the

arbitration panel must render a decision based on the facts and

circumstances as presented by the parties present.

(f) Record and Transcript. Any party may have a record

and transcript made of the arbitration hearing at that party’s

expense.

(g) Completion of the Arbitration Process.

(1) Arbitration must be completed within 30 days of the

first arbitration hearing unless extended by order of the court on

motion of the chief arbitrator or of a party. Extensions of time must

not exceed 60 days from the date of the first arbitration hearing.

(2) On the completion of the arbitration process, the

arbitrator(s) must render a decision. In the case of a panel, a

decision must be final on a majority vote of the panel.

(3) Within 10 days of the final adjournment of the

arbitration hearing, the arbitrator(s) shall notify the parties, in

writing, of their decision. The arbitration decision may set forth the

issues in controversy and the arbitrator(’s)(s’) conclusions and

findings of fact and law. The arbitrator(’s)(s’) decision and the

originals of any transcripts shall be sealed and filed with the clerk

at the time the parties are notified of the decision.

(4) Any transcripts or exhibits used in the arbitration

must, unless otherwise ordered by the court or agreed by the

parties, be retained by the party who introduced the transcripts or

exhibits until the conclusion of the case, or until otherwise ordered

by the court.

(h) Notice of Rejection of the Arbitration Decision and

Request for Trial. To reject the arbitration decision, within 20 days

of service of the arbitrator(’s)(s’) written decision, any party must file

a notice of rejection of the arbitration decision and request for trial

in the same document. No action or inaction by any party, other

than the filing of the notice, will be deemed a rejection of the

arbitration decision. If a notice of rejection of the arbitration

decision and request for trial is filed by any party, any party having

a third-party claim at issue at the time of arbitration may file a

notice of rejection of the arbitration decision and request for trial

within 10 days of service of the first notice of rejection of the

arbitration decision and request for trial. If a notice of rejection of

the arbitration decision and request for trial is not made within 20

days of service on the parties of the decision, the decision must be

referred to the presiding judge, who must enter such orders and

judgments as may be required to carry out the terms of the decision

as provided by section 44.103(5), Florida Statutes.

History

Committee Notes 1988 Adoption. Arbitration proceedings should be informal and expeditious. The court should take into account the nature of the proceedings when determining whether to award costs and attorneys’ fees after a trial de novo. Counsel are free to file exceptions to an arbitration decision or award at the time it is to be considered by the court. The court should consider such exceptions when determining whether to award costs and attorneys’ fees. The court should consider rule 1.442 concerning offers of judgment and section 45.061, Florida Statutes (1985), concerning offers of settlement, as statements of public policy in deciding whether fees should be awarded. 1994 Amendment. The Supreme Court Committee on Mediation and Arbitration Rules recommends that a copy of the local arbitration procedures be disseminated to the local bar. 2003 Amendment. The statutory reference in subdivision (h) is changed to reflect changes in the statutory numbering. 2007 Amendment. Subdivision (h) is amended to avoid the unintended consequences for defendants with third-party claims who prevailed at arbitration but could not pursue those claims in a circuit court action because no motion for trial was filed despite a plaintiff or plaintiffs having filed a motion for trial that covered those claims. See State Dept. of Transportation v. BellSouth Telecommunications, Inc., 859 So. 2d 1278 (Fla. 4th DCA 2003).

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
83da4103bd9a28ce2552274d34ce066b38e7fbd6727c081089c2d1d2754fe354
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