Non-binding arbitration in Florida is a court-ordered process under Section 44.103 of the Florida Statutes in which a neutral arbitrator holds an informal hearing on a contested civil case and issues a written decision. That decision is advisory. It becomes a final, enforceable judgment only if no party files a written rejection and request for trial within 20 days of being served with it.1Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration Reject it and you keep your right to a full trial, but a cost-shifting rule can punish you financially if the trial result is not meaningfully better than the arbitration award.
When a Court Can Send Your Case to Arbitration
A circuit or county judge can refer any contested civil action to non-binding arbitration under rules adopted by the Florida Supreme Court.1Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration The statutory language is broad, so the eligible pool covers contract disputes, personal injury claims, insurance disagreements, property damage, and much more. Referral is at the judge’s discretion.
This is not the same thing as binding arbitration under Chapter 682, which usually flows from an arbitration clause in a contract, produces a final award, and can be challenged only on narrow grounds. Non-binding arbitration is a court program, and either side keeps the right to a trial de novo by rejecting the decision on time. That right is the defining feature of the process.
What the Hearing Looks Like
Florida law requires that these hearings be informal. Testimony is kept to a minimum, and each side generally presents its case through counsel’s arguments, affidavits, documents, and exhibits rather than live witness examination.1Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration Under Rule 1.820, a party who wants live witnesses must show good cause to the chief arbitrator, who decides whether to allow it.2Justia Law. In Re: Amendments to the Florida Rules of Civil Procedure The rules of evidence apply but are interpreted liberally. If you need to compel a witness or records, you can petition the court to authorize the arbitrator to issue subpoenas.
The whole arbitration must be completed within 30 days of the first hearing. A court can extend that on motion from the arbitrator or a party, but no extension can push the finish past 60 days from the first hearing.2Justia Law. In Re: Amendments to the Florida Rules of Civil Procedure That compressed timeline is one of the main reasons courts use the process.
Attendance matters. Individual parties and authorized corporate representatives are required to appear unless excused in advance for good cause. If a party fails to show, the hearing goes forward, and the arbitrator decides on the evidence and arguments from whoever did attend.2Justia Law. In Re: Amendments to the Florida Rules of Civil Procedure Skipping the hearing gives the other side an uncontested run at the arbitrator.
Who the Arbitrator Is
Arbitrators are not centrally certified by the Florida Supreme Court. Each judicial circuit keeps its own roster of qualified arbitrators who have completed a Supreme Court–approved training program and meet the qualifications in Rule 11.010 of the Florida Rules for Court-Appointed Arbitrators.3Florida Courts. Arbitration The chief judge of each circuit sets training requirements, ethical standards, and discipline for arbitrators in that circuit.
The statute directs courts to appoint volunteer arbitrators whenever possible.1Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration When no volunteer is available, the parties pay the arbitrator’s fee. A party found indigent by the court can receive partial or full payment from state funds after paying what they can immediately afford and agreeing to a repayment plan through the clerk of court.
During the hearing, the chief arbitrator runs the proceedings: setting prehearing conferences, entering case management orders, requiring stipulations on contested issues, and deciding whether the hearing is in person, by video, or by phone. The arbitrator can administer oaths, ask clarifying questions, and probe the parties’ positions.
The 20-Day Decision After the Award
The arbitrator issues a written decision, and the clock starts. Under Rule 1.820(h), any party that wants to reject the decision must file a written notice of rejection and a request for trial within 20 days of being served with the decision, in a single document.2Justia Law. In Re: Amendments to the Florida Rules of Civil Procedure Nothing else counts as a rejection. If a third-party claim was at issue, the third party gets an additional 10 days after the first rejection is filed to submit its own.
If no one files a rejection in that window, the decision goes to the presiding judge, who enters orders and judgments to carry out its terms. From that point it is enforceable by the court’s contempt powers, and execution can issue on request.1Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration A missed 20-day deadline can turn an advisory decision into a binding judgment.
If a party does reject the decision and requests trial, the arbitration award is not disclosed to the trial judge who will preside over the case.1Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration The judge only sees the award if it becomes a final judgment for lack of a rejection.
The 25 Percent Cost Rule
Rejecting the arbitration award is not free. Under Section 44.103(6), within 30 days after the trial judgment is entered, the other party can move for costs if the rejecting party’s trial result crosses a 25 percent threshold.4The Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration The math depends on who rejected:
- If the plaintiff rejected and the trial judgment comes in at least 25 percent less than the arbitration award, the court can assess costs against the plaintiff, offset against the judgment. If the assessed costs exceed the judgment, the court enters judgment for the defendant.
- If the defendant rejected and the trial judgment is at least 25 percent more than the arbitration award, the court can assess costs against the defendant.
The costs subject to assessment are broad: arbitration costs, court costs, reasonable attorney’s fees, investigation expenses, and expert testimony costs incurred from the arbitration hearing through the end of trial.4The Florida Senate. Florida Statutes 44.103 – Court-Ordered, Nonbinding Arbitration In cases with expert witnesses and extensive post-arbitration discovery, that figure can be large. A plaintiff who rejects a $50,000 award and wins $35,000 at trial has crossed the 30 percent gap and could owe the defendant money after the cost assessment. Rejection is a calculated bet on doing meaningfully better at trial.
Whether You Need a Lawyer
You are not required to have counsel for non-binding arbitration. The stakes still favor it in most cases above small dollar amounts. The hearing is informal, but the decision can lock in as a judgment if you miss the 20-day rejection window, and rejection carries the cost-shifting risk described above.
An attorney adds the most value in three places. Before the hearing, in identifying the strengths and weaknesses of your case, assembling exhibits and affidavits, and preparing the statements of counsel that will carry your position. During the hearing, where advocacy in a compressed, informal format is its own skill. And after the award, in weighing whether to accept or reject in light of the 25 percent rule and the realistic odds of a better outcome at trial. Counsel who handles Florida arbitration regularly will have a working sense of how these awards line up against trial verdicts in similar cases, which is the analysis that should drive the reject-or-accept decision.