In most instances, there is no explanation of the decision made by the arbitrator. This hampers the ability to appeal the decision and will impact the acceptance of the decision by the parties. The parties can agree in advance that the arbitrator will provide an explanation of the decision, but this will increase costs because of the additional time required by the arbitrator. Both Florida courts and federal courts recognize and enforce agreements to arbitrate. They also enforce the arbitrator's decisions, except in instances where there is fraud or misconduct by the arbitrator or if there was a refusal to hear evidence material to the controversy.
Litigation is a resolution of disputes through the judicial system.
An action is commenced by the filing of an initial pleading, usually a Complaint, setting out a claim. The defendant answers, states defenses and may counterclaim against the plaintiff. The defendant may also bring other potentially responsible parties into the action through a Third Party Complaint. Those parties have the same rights as a defendant to bring claims and add parties. The next step is the motion practice.