Rule 1.820 - HEARING PROCEDURES FOR NON-BINDING ARBITRATION(a) Authority of the Chief Arbitrator. The chief arbitrator has authority to commence and adjourn the arbitration hearing and carry out other duties under section 44.103, Florida Statutes. The chief arbitrator does not have authority to hold any person in contempt or to in any way impose sanctions against any person.(b) Conduct of the Arbitration Hearing.(1) The chief judge of each judicial circuit must set procedures for determining the time and place of the arbitration hearing and may establish other procedures for the expeditious and orderly operation of the arbitration hearing to the extent such procedures are not in conflict with any rules of court.(2) Hearing procedures must be included in the notice of arbitration hearing sent to the parties and arbitration panel.(3) Individual parties or authorized representatives of corporate parties must attend the arbitration hearing unless excused in advance by the chief arbitrator for good cause shown.(c) Rules of Evidence. The hearing must be conducted informally. Presentation of testimony must be kept to a minimum, and matters must be presented to the arbitrator(s) primarily through the statements and arguments of counsel.(d) Orders. The chief arbitrator may issue instructions as are necessary for the expeditious and orderly conduct of the hearing. The chief arbitrator's instructions are not appealable. On notice to all parties the chief arbitrator may apply to the presiding judge for orders directing compliance with such instructions. Instructions enforced by a court order are appealable as are other orders of the court.(e) Default of a Party. When a party fails to appear at a hearing, the chief arbitrator may proceed with the hearing, and the arbitration panel must render a decision based on the facts and circumstances as presented by the parties present.(f) Record and Transcript. Any party may have a record and transcript made of the arbitration hearing at that party's expense.(g) Completion of the Arbitration Process.(1) Arbitration must be completed within 30 days of the first arbitration hearing unless extended by order of the court on motion of the chief arbitrator or of a party. Extensions of time must not exceed 60 days from the date of the first arbitration hearing.(2) On the completion of the arbitration process, the arbitrator(s) must render a decision. In the case of a panel, a decision must be final on a majority vote of the panel.(3) Within 10 days of the final adjournment of the arbitration hearing, the arbitrator(s) shall notify the parties, in writing, of their decision. The arbitration decision may set forth the issues in controversy and the arbitrator('s)(s') conclusions and findings of fact and law. The arbitrator('s)(s') decision and the originals of any transcripts shall be sealed and filed with the clerk at the time the parties are notified of the decision.(4) Any transcripts or exhibits used in the arbitration must, unless otherwise ordered by the court or agreed by the parties, be retained by the party who introduced the transcripts or exhibits until the conclusion of the case, or until otherwise ordered by the court.(h) Notice of Rejection of the Arbitration Decision and Request for Trial. To reject the arbitration decision, within 20 days of service of the arbitrator('s)(s') written decision, any party must file a notice of rejection of the arbitration decision and request for trial in the same document. No action or inaction by any party, other than the filing of the notice, will be deemed a rejection of the arbitration decision. If a notice of rejection of the arbitration decision and request for trial is filed by any party, any party having a third-party claim at issue at the time of arbitration may file a notice of rejection of the arbitration decision and request for trial within 10 days of service of the first notice of rejection of the arbitration decision and request for trial. If a notice of rejection of the arbitration decision and request for trial is not made within 20 days of service on the parties of the decision, the decision must be referred to the presiding judge, who must enter such orders and judgments as may be required to carry out the terms of the decision as provided by section 44.103(5), Florida Statutes.Amended by 386 So.3d 876, effective 7/1/2024; amended by 966 So.2d 943, effective 1/1/2008; amended by 858 So.2d 1013, effective 1/1/2004; amended by 641 So.2d 343, effective 7/1/1994; added by 518 So.2d 908, effective 1/1/1988.Committee Notes
1988 Adoption. Arbitration proceedings should be informal and expeditious. The court should take into account the nature of the proceedings when determining whether to award costs and attorneys' fees after a trial de novo. Counsel are free to file exceptions to an arbitration decision or award at the time it is to be considered by the court. The court should consider such exceptions when determining whether to award costs and attorneys' fees. The court should consider rule 1.442 concerning offers of judgment and section 45.061, Florida Statutes (1985), concerning offers of settlement, as statements of public policy in deciding whether fees should be awarded.
1994 Amendment. The Supreme Court Committee on Mediation and Arbitration Rules recommends that a copy of the local arbitration procedures be disseminated to the local bar.
2003 Amendment. The statutory reference in subdivision (h) is changed to reflect changes in the statutory numbering.
2007 Amendment. Subdivision (h) is amended to avoid the unintended consequences for defendants with third-party claims who prevailed at arbitration but could not pursue those claims in a circuit court action because no motion for trial was filed despite a plaintiff or plaintiffs having filed a motion for trial that covered those claims. See State Dept. of Transportation v. BellSouth Telecommunications, Inc., 859 So. 2d 1278 (Fla. 4th DCA 2003).