Alternative Dispute Resolution Firm Based in Miami-Dade County
Litigation can be very expensive, emotional, and time consuming. Before an employee runs to the courthouse, employers can prepare policies and agreements which first require an employee to grieve any discipline or termination internally. Then, if not successful, an employer can require the employee to litigate any dispute in arbitration as opposed to in court. This process can sometimes save employers thousands of dollars, avoid protracted litigation, and limit any negative publicity.
The Florida legislature has promulgated a comprehensive arbitration code which regulates everything from the terms of an arbitration agreement to arbitration proceedings, arbitration awards, and post-arbitration appeals. See Fla. Stat. § 682.01 et seq. Florida law specifically exempts child custody, visitation, and child support proceedings from the arbitration act. Fla. Stat. § 682.25.
Similarly, the Federal Arbitration Act (“FAA”), which can be found at 9 U.S.C. §§ 1-16, sets forth a detailed framework for arbitrations. Under the FAA, parties to a contract may agree that an arbitrator, rather than a court, will resolve disputes arising out of the contract. The FAA also allows parties to agree by contract that an arbitrator, as opposed to a court, will resolve threshold arbitrability questions. “Gateway” questions include whether the parties have agreed to arbitrate and whether their agreement covers a particular controversy. Henry Schein, Inc. v. Archer & White Sales, Inc., 139 S. Ct. 524 (2019).
In addition to binding arbitration, parties can participate in non-binding mediation before a neutral mediator. Also, employers can implement internal grievance procedures whereby employees are required to follow various steps before proceeding to mediation, arbitration, and/or court.
Contact an experienced attorney at BT Law Group to discuss whether alternative dispute resolution is right for your business. BT Law Group can also provide a comprehensive grievance procedure and arbitration agreement. If you are looking to avoid arbitration, the attorneys at BT Law Group have extensive experience opposing attempts to arbitrate claims where appropriate.