How is an arbitrator or mediator selected?

In Florida, an arbitrator or mediator is typically selected by the parties involved in the dispute. Generally, the parties will negotiate and mutually agree on a neutral third party to decide the dispute. This individual, known as an arbitrator or mediator, is usually an expert in the particular subject of dispute, such as a real estate agent, a financial consultant, or a lawyer. If the parties are unable to agree upon a suitable arbitrator or mediator, then a third-party organization may be used. These organizations, such as the American Arbitration Association, employ a roster of qualified and experienced mediators and arbitrators who have been approved by the court. The parties may then select the neutral third party from this roster. If one of the parties objects to a particular selection, the organization may allow for a new selection to be made. The court may also assign a neutral third party to the dispute if the parties cannot agree on a suitable arbitrator or mediator. In this case, the court will employ a mediator in the profession or area of practice associated with the dispute. An example of this is a board-certified real estate appraiser or accountant to handle a dispute involving a real estate transaction. Overall, the selection of an arbitrator or mediator is an important factor in the alternative dispute resolution process. It is essential for the parties to choose someone who they are confident is experienced and knowledgeable about the subject of dispute. This will ensure that the dispute is resolved in a manner that is fair and just for both parties.

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