Are less expensive alternatives to litigation available to resolve disputes?
Florida strongly endorses alternative methods of dispute resolution, such as arbitration and mediation. Many contracts are written to require the arbitration of disputes, and that is always a consideration when drafting any type of agreement. Arbitrations can be handled under the provisions of the Florida Arbitration Code or under the auspices of a private organization such as the American Arbitration Association. Mediation has recently gained a great deal of attention as an alternative to litigation. The courts of the Twentieth Judicial Circuit of Florida, which encompasses Lee, Collier, Charlotte, Hendry and Glades Counties, uniformly require mediation of a case before it goes to trial. Mediators are neutral parties whose role is to assist the disputing sides to resolve their differences themselves. Under rules promulgated by the Florida Supreme Court, mediators must complete a course of training and a mentorship program before being certified. While most mediations occur after a sui
