Arbitrate This!

When I was in law school, I was told two things were going to be huge legal trends. The first was the development of a significant body of law over the rights to human eggs and artifical insemination. The second major development was to be in the area of alternative dispute resolution.

Now, as far as I can tell, the first predicted trend did not come to pass. I am not aware of a lot of cases involving couples or strangers or what have you fighting over who get's Ellie Mae's last ovum. Just doesn't seem to happen. Maybe folks are tied up with their failing real estate deals or, contrary to what so many in my law school days believed, people are still getting married and having traditional families.

The second prediction, however, seems to have come true. Since leaving law school those many years ago (it will be 15 in May), I've witnessed a significant expansion and acceptance of arbitration and mediation. We'll talk about mediation later this week. For today, it's arbitration!!! Cue the music.

Arbitration is, in my words, a less formal trial court with a hired judge. In Florida, you arbitrate in two situations - one, when you have an agreement to arbitrate; and two, when the judge tells you to. Now, for those of you who think, "Hey, I'm just a simple guy, I don't get into disputes or use lawyers. What do I need to know this for?", listen up. This does affect you. Arbitration clauses are everywhere- car leases, apartment leases, contracts for the sale of just about every type of good or ware you can imagine, agreements for service of just about every kind from flooring installation to medical treatment. Next time you go get your tires changed, read the back of the yellow carbon piece of paper the Goodyear guy gives you. That's right, you want to fight with him about the quality of the tires he just sold you, you're going to arbitration.

The second situation is a little different. In Florida, each county's court system is supposed to have its own system for the referral and handling of arbitrations. In an effort to cut back on trials and crowded court dockets, the courts are allowed to send the parties to arbitration. I know, I know. You spent all this money hiring a lawyer, filing a lawsuit, taking discovery and - bang! you got sent over to arbitration. It's part of the process now. It's growing in popularity in Broward County, for instance, where I recently had a case sent over for arbitration. I thought it was a pretty pleasant experience. Of course, I won, so why wouldn't I be happy with it?

The point is, the legal system appears to acknowledge that its use is expensive and there are or should be ways to limit the number that appears on the price tag. This is one of those methods - informal presentation of evidence, argument and information and also the rendering of a decision in a much shorter time than would occur in traditional litigation.

Tomorrow, I'll try to offer you some explanation on the mechanics of arbitration in Florida because there are several types of arbitration to be had. In the meantime, take a look at your recent purchases and service agreements. Arbitration may be closer to you than you thought.