Boca Grande, FL asked in Arbitration / Mediation Law for Florida

Q: What are the biggest drawbacks to choosing to do arbitration rather than filing a lawsuit?

Related Topics:
2 Lawyer Answers

Robert D. Kreisman


A: If there is an option rather than some mandatory requirement of a contract to arbitrate, filing a lawsuit has advantages in that the process would be before a court and/or a jury. On the other hand, arbitration may be more expedient and less expensive except that it may or may not be binding and even if it is binding and you win, the defendant may not pay. If you file in court and prevail, then you have a judgment to execute which would be better in that case.

Tim Akpinar

  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: I handle arbitrations in New York and do not practice in Florida, so I can't give state-specific commentary as to Florida. In general, the arbitration process is praised for its ability to streamline adjudication of a matter with less formality that traditional litigation. Therefore, it could lead to more economical and expedient outcomes. However, with that streamlining, the process could involve a loosening of the formalities of the rules of evidence. Some parties may not want this. Also, the arbitration process does not involve a jury, which could be viewed as negative if a party prefers a traditional court route with jury.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.