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Arbitration & Mediation

Florida Arbitration Law

Discusses trends and developments in the enforcement of arbitration and exculpatory clauses. Focuses on Florida law but covers important decisions and current events in other states.
By Christopher B. Hopkins, Esq.

Post Frequency: 1.7/day

Last Entry: March 31, 2011 at 15:49:53

FloridaArbitrationLaw.Com Founder to Speak At 2008 Southern Trial Lawyers Association Conference

Posted on December 11, 2007
Christopher Hopkins, founder of FAL.com and partner at Cole, Scott & Kissane, will speak on the topic of arbitration enforcement sharing the dias with Frank Petosa of Petosa & Associates at the January 30 - February 3, 2008 Southern Trial Lawyers Conference...

Who Decides Timeliness of Request for Arbitration: Court or Arbitrator?

Posted on December 05, 2007
We've been down this road before and it seems that the Florida state courts are beginning to align, with one possible wrinkle. In a very short Fourth DCA opinion in Thierry Albert Thenet v. Ken Jenne and Broward Sheriff's Office, the court held that timeliness (even if labeled a condition precedent) is for arbitrator...

Entitlement to Attorney's Fees Under Contract or Proposal for Settlement is Not Barred By Losing At Non-Binding Arbitration Under F.S. 44.103(6)

Posted on December 03, 2007
There is nothing worse than winning in non-binding arbitration and then losing in trial (when it counts). Lawyers around the state sometimes voice displeasure at the trial court's ability to force cases to non-binding arbitration before trial. The inherent risk is "giving away" your strategy -- or at least allowing your opponent to get accustomed to your style and methods...

Having Flu and Not Initialing a Page Does Not Stop Enforcement of Arbitration -- No Obligation to Read Terms

Posted on November 29, 2007
A 69-year old nursing home resident sought to deny enforcement of an arbitration clause in the admission agreement because she didn't initial page 5, she signed on the wrong line at the end of the contract, and because she had the flu. She also complained that the Facility did not explain the contract to her...

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First DCA Explains How to Avoid Mandatory Forum Selection Clauses

Posted on November 27, 2007
We've reported on five forum selection cases in the last four months. Typically, the dispute is over the whether the language is "mandatory" versus merely permissive. But what about other grounds to avoid a forum selection clause? Back in August 2007, in Land O'Sun Management v...

Florida Supreme Court Declines Jurisdiction to Resolve Possible 1st and 4th DCA Conflict Regarding Signor's Authority

Posted on November 21, 2007
There are certainly any number of brewing conflicts in Florida arbitration law including standards for waiver; authority of signor; existence of and standards for a public policy test; whether a sliding scale analysis is appropriate to determine unconscionability; whether enforcement is for arbitrator to decide; and whether a health care surrogate or proxy has authority to bind a patient to arbitration...

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