FLORIDA SUPREME COURT QUALIFIED ARBITRATOR (NON-BINDING & BINDING)
AAA PANELIST – LARGE COMPLEX, EMPLOYMENT, COMMERCIAL & CONSUMER ARBITRATIONS
Arbitration is an out-of-court method for resolving a dispute between parties. The Arbitrator, or in some cases a panel of arbitrators, will listen to each side and make a decision about the case. The Arbitrator is a neutral decision-maker not unlike a judge but it is not in the court system.
Arbitration generally arises where there is an arbitration clause in a parties’ contract. The arbitration process may be either non-binding or binding. When arbitration is binding, the decision is final, can be enforced by a court and can only be appealed on very narrow grounds. When arbitration is non-binding, the arbitrator’s award is advisory and can be final only if accepted by the parties. However, in Florida, should the parties not agree to the decision reached by the Arbitrator, there are ramifications set out by statute that include a fee shifting provision in certain circumstances.
Kelly Overstreet Johnson is proud to serve as an American Arbitration Association (AAA) arbitrator on the Commercial, Large Complex Cases, Employment and Consumer arbitration panels.
Judges and leaders in the legal and business communities with industry-specific knowledge and expertise are AAA panelists. Arbitrators are required to adhere to Codes of Ethics developed by the AAA and the American Bar Association.
According to the AAA, “The use of arbitration to resolve a wide variety of disputes has grown extensively and forms a significant part of the system of justice on which our society relies for a fair determination of legal rights. Persons who act as arbitrators therefore undertake serious responsibilities to the public, as well as to the parties. Those responsibilities include important ethical obligations.”
AAA® ARBITRATION ROAD MAP (PDF)
Preliminary Arbitration Hearings (PDF)
(Presentation from the National Association of Consumer Advocates Spring Training 2021.)
RESERVE YOUR DATE
Please contact my mediation assistant, Jasmine King, at casemanager@overstreetjohnson.com to reserve a date for your arbitration. I am pleased to offer both in person and online arbitrations via Zoom, a secure and easy-to-use meeting platform.
PREPARE FOR ARBITRATION
Open the confirmation email that you receive from my office and submit the requested forms. Several key components must be in place to ensure that your online arbitration runs smoothly and remains confidential. These are considerations such as a strong, secure Wi-Fi or Ethernet signal; adequate power supply, and a distraction-free environment.
If your setting lacks any of these important elements, please call Jasmine at 850.900.3080 to discuss alternatives.
JOIN ONLINE ARBITRATION
Most platforms offering online arbitrations are similar, and I use Zoom. It is very easy to use and provides the security features needed to ensure the confidentiality of your arbitration.
To join your online arbitration, click on the link our office sends you to join the meeting. The Zoom app automatically downloads after starting or joining a Zoom meeting from a Zoom site or email invitation. Click the installation file to install it.
MORE COST-EFFECTIVE THAN LITIGATION
Resolving a case through arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding.
GREATER CONFIDENTIALITY
Arbitration proceedings are generally held in private and parties can agree to keep the proceedings and terms of the final resolution confidential. Both of these safeguards can be beneficial if the subject matter of the dispute might cause embarrassment or reveal private information.
BETTER PRESERVATION OF RELATIONSHIPS
Parties who agree to arbitration generally are encouraged to work together peaceably. Arbitration often can preserve important relationships rather than the “win-lose,” divisiveness that can occur in litigation.
SIMPLIFIED RULES OF EVIDENCE AND PROCEDURE
Elements of litigation such as the rules of evidence and procedure and discovery (interrogatories, depositions and document requests) do not apply in arbitration proceedings, making them less rigid and more easily adapted to the needs of those involved.