§ Rule II Selection of Arbitrators

Codes > Florida Statutes > Rules Regulating > Fee Arbitration > Rule II

Rule II. Selection of Arbitrators

    (a) Referral to Arbitrators. Upon the filing of a written agreement wherein the parties agree to arbitrate under the provisions of Chapter 14, Rules Regulating The Florida Bar, or upon entry of an order by the Supreme Court of Florida requiring arbitration under that chapter, the matter shall be referred to The Florida Bar's fee arbitration program.
Unless otherwise agreed by the parties the matter shall be referred to a sole arbitrator when the amount in controversy is $15,000 or less.

    Unless otherwise agreed by the parties the matter shall be referred to a panel of 3 arbitrators, 1 of whom shall be designated panel chair for the case, if the amount in controversy exceeds $15,000.

    The parties may stipulate to the use of 1 or 3 arbitrators without regard to the amount in controversy.

    All 3-member panels shall consist of at least 1 nonlawyer and 1 lawyer. This requirement may be waived by the parties.

    (b) Eligibility to Serve. It shall be the obligation of any arbitrator designated as a sole arbitrator or panel member to disclose any reason why the arbitrator cannot ethically or conscientiously serve. When an arbitrator declines or is unable to serve, staff shall designate another arbitrator. The standing committee chair has the authority to remove a sole arbitrator or panel member from hearing a particular matter if, in the judgment of the chair, the member should not serve.

    (c) Postponements. If, at the time set for hearing by a panel, all members of the panel are not present, the panel chair, with the consent of the parties, may postpone the hearing or proceed with fewer than 3 members.

    (d) Death or Inability to Serve. If any member of the panel dies or becomes unable to continue to serve while the matter is pending, but before an award has been made, a substitute panel member shall be appointed by the panel chair unless the parties consent to proceed with the hearing. If a substitute panel member is appointed, the member shall review the evidence admitted and recorded in the proceedings, if recorded. If not recorded, the review shall consist of an examination of evidence admitted and oral summary by the panel chair followed by argument thereon from the parties.

    (e) Powers of Arbitrators. Arbitrators shall be vested with all the powers and shall assume all the duties granted and imposed upon arbitrators in accordance with chapter 682, Florida Statutes.

    (f) Time. The panel or the sole arbitrator assigned shall hold the hearing within 45 days after receipt of the assignment and shall render the award within 10 days after the close of the hearing, unless extended by the chair of the standing committee for good cause. Failure of an arbitrator or panel to comply with these time requirements shall not otherwise divest the arbitrator or panel of the authority to conduct proceedings authorized by these policies and applicable rules.