What are the rules for alternative dispute resolution?

Alternative dispute resolution (ADR) is a process that allows parties to a dispute to settle their differences without having to go to court. In Florida, the rules for alternative dispute resolution are found in Chapter 44 of the Florida Statutes. First, the parties involved in a dispute must agree to use ADR. If all parties agree, the court may order ADR or the parties may choose to pursue it on their own. ADR processes may include mediation, arbitration, nonbinding opinion, or a "mini-trial". In all cases, the parties must agree on an ADR process and may even agree on a professional to facilitate the process. A mediator is an independent professional that helps the parties reach an agreement. They will help the parties identify areas of agreement and potential areas of compromise, as well as explore options for resolving the dispute. An arbitrator is similar to a judge or jury. He or she is an independent third-party who listens to the evidence and makes a decision on the merits of the dispute. Non-binding opinion is a process where the parties agree to hire a professional to render a judgment on the dispute. This is not legally binding, however, so parties are not obligated to follow the decision. Finally, a "mini-trial" is when the parties choose to use an arbitration-like process, but do not agree to be legally bound by the decision. In this process, the parties present their case and the panel of arbitrators will make a decision on the merits. In all cases, the rules of evidence and procedure for alternative dispute resolution in Florida may be adjusted to fit the particular case, as long as the parties agree.

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