Patricia H. Thompson, left, and Gill S. Freeman, right, of JAMS.
It is said that justice delayed is justice denied. Unfortunately, the current need for social distancing and prohibitions against public gatherings or travel has closed court houses, continued trials and canceled hearings, depositions and otherwise delayed the timely resolution of lawsuits. This “brave new world” circumstance, added to the issue of already crowded dockets and the recent retirement of experienced judges, does not bode well for the efficient administration of justice in the near term.
Fortunately, litigants in Florida state courts have a statutory solution for such disruptions or the desire for more efficient and speedy resolution of matters that could languish for years in the court system. Specifically, Florida Statute Section 44.104 allows the parties to an eligible civil dispute two alternatives to the courthouse. The parties can agree to have their case referred for “voluntary trial resolution” by a private judge or they can elect to refer the matter to binding arbitration before one or more arbitrators. In either case, the parties reserve their rights to have their dispute governed by the Florida Rules of Civil Procedure and the Rules of Evidence. These neutrals in both types of proceedings may issue oaths, subpoenas, and orders compelling witness appearances.
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