Header graphic for print  Arbitration – Binding? Enforcement?
Posted in Arbitration & Court Rulings, Covenant
Enforcement/Violations  Is arbitration binding? Under §718.1255,
arbitration is not binding unless the parties agree to be bound
by the decision or a party fails to seek a trial de novo within
30 days of the arbitrators ruling. Trial de novo is a fancy way
of saying new trial. In essence, the parties go before a trial
court as if the arbitration had never happened, filing a
complaint, responding to it, seeking discovery, and then
resolving the case through motion practice or a trial.  Are
arbitration rulings binding on Courts? No and yes.  In a trial
de novo setting, the decision of the arbitrator is not binding.
In Davis v. Condo. Ass’n of Plaza Towers South, Inc. a dispute
arose between the owner and the association involving an air
conditioner installed by the owner. After non-binding
arbitration and a request by the owner for a trial de novo, the
trial court granted the association’s motion for s