Arbitration and Mediation for Florida
The message from the Florida Legislature is clear: Mediation works. Litigation should be a last resort. Such an approach is particularly important due to the historic backlog facing our courts.
The Florida Legislature in its 2021 session specifically recognized the value offered by mediation and in several areas dealing with condominiums, HOA’s and other entities changed the laws that previously required pre-suit Arbitration to now require either pre-suit Mediation or Arbitration.
Personal injury claims may happen only once in a lifetime. Therefore, many do not have any idea how a personal injury claim will proceed, what compensation they may be entitled to, or how long it will take to get compensation. Whether an accident is a slip and fall accident or any other accident, such as a vehicle accident with soft tissue damage or traumatic brain injuries (TBIs), most claims follow the steps below.
The Condominium Law and Policy on Life Safety Issues Advisory Task Force’s October 12 report contains a host of recommendations, including requiring condominiums three stories or taller to undergo an inspection by December 31, 2024, with re-inspections every five years.
The causes for owners’ conflicts are numerous — often resulting in intractable disagreements over the control and direction of the company. Such conflicts are commonly referred to as “business divorces.” Similar to a marital divorce, collectively owned property must either be divided or possibly kept intact to maintain its highest value. There are different paths to reach final resolution, which ranges from presuit negotiated settlements to formal court-imposed remedies under Florida’s Revised Limited Liability Company Act (Florida’s LLC statute).
Legislative Changes Both the Condominium and HOA statutory chapters specifically state: “The legislature finds that alternative dispute resolution has made progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to litigation.” FS §720.311 (1). See also, 718.112 (3)(b). The previous law required arbitration before suit could be filed in …
