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The 10th Circuit has adopted its own procedures for the conduct of court-ordered non-binding arbitration under section 44.103, Florida Statutes.
Contested civil actions referred to non-binding arbitration in Hardee, Highlands and Polk Counties.
AO 3-39.0 establishes the circuit's procedures for non-binding arbitration. Section 44.103, Fla. Stat., permits a court to refer any contested civil action to non-binding arbitration under rules adopted by the Florida Supreme Court. Fla. R. Civ. P. 1.800 excludes certain matters from arbitration; Rule 1.810 governs selection and compensation of arbitrators; and Rule 1.820 sets hearing procedures and authorizes the chief judge to establish other procedures for the expeditious and orderly operation of the arbitration hearing.
IN RE: PROCEDURES FOR NON-BINDING ARBITRATION — WHEREAS, section 44.103, Florida Statutes, provides that a court may refer any contested civil action to non-binding arbitration in accordance with rules adopted by the Florida Supreme Court; and WHEREAS, Florida Rule of Civil Procedure 1.800 excludes certain matters from arbitration; Rule 1.810 provides for the selection and compensation of arbitrators; and Rule 1.820 establishes certain hearing procedures for non-binding arbitration and authorizes the chief judge to establish other procedures for the expeditious and orderly operation of the arbitration hearing;
Judge Shull requires ALL motions set for special-set hearing to go to mediation before the hearing is held.
Judge Burkhart will not schedule a temporary-relief hearing until mediation has been held ON the temporary relief sought — mediation first, hearing second.
Judge Sharrit refers ALL cases to mediation (exceptions only by leave) and openly encourages Special Magistrates under Rule 1.490(b) to beat the hearing-time bottleneck.