What makes a good arbitrator
An arbitrator is a neutral decision maker like a judge that hears the claims and evidence from both sides in the private arbitration process and makes a decision on the claims. The distinction between arbitration and a lawsuit is that arbitration is private and can cost less and be much faster than a lawsuit especially when using a private arbitrator like Palm Beach Business Arbitration.
One notable issue in all arbitrations is that the resulting award must be conformed into a judgment by a court to enforce it if the losing party does not simply pay the award.
A good arbitrator should have a good judicial demeanor meaning the arbitrator must be patient and should not pre-judge claims or jump to conclusions. A good arbitrator should also importantly have real world experience litigating business, construction, and real estate disputes to understand the claims and to be able to adjudicate them fairly, efficiently, and effectively.
One notable issue in all arbitrations is that the resulting award must be conformed into a judgment by a court to enforce it if the losing party does not simply pay the award.
A good arbitrator should have a good judicial demeanor meaning the arbitrator must be patient and should not pre-judge claims or jump to conclusions. A good arbitrator should also importantly have real world experience litigating business, construction, and real estate disputes to understand the claims and to be able to adjudicate them fairly, efficiently, and effectively.
How is Arbitration different from Mediation
While both mediation and arbitration are handled by third-party neutrals called either an arbitrator or a mediator unlike an arbitrator that decides a case like a judge or jury a mediator does not adjudicate claims but helps the parties to come to a resolution or settlement on their own. So more simply put arbitration is a decision on claims based on presentation of evidence like in a trial and mediation is engineered to try to result in a settlement between the parties in a dispute.
An arbitrator will receive testimony and documents in a private arbitration proceeding and make a decision based on that evidence. The decision the arbitrator makes is contained in the arbitration award which can be enforced though the courts by law. In Florida, Chapter 682 of the Florida Statutes provide the method by which an arbitration award can be so conformed into a a judgment that can utilize execution processes to enforce it.
In contrast, a mediator in a confidential mediation session will hear the parties perspective of their claims and then speak privately with the parties to try to help them see the dispute process differently and to hopefully bring the parties to a common understanding of their claims so they can structure a solution and settlement by and between them. The mediator does not receive testimony or evidence like an arbitrator and the mediator does not issue a decision or even draft the settlement agreement between the parties.
An arbitrator will receive testimony and documents in a private arbitration proceeding and make a decision based on that evidence. The decision the arbitrator makes is contained in the arbitration award which can be enforced though the courts by law. In Florida, Chapter 682 of the Florida Statutes provide the method by which an arbitration award can be so conformed into a a judgment that can utilize execution processes to enforce it.
In contrast, a mediator in a confidential mediation session will hear the parties perspective of their claims and then speak privately with the parties to try to help them see the dispute process differently and to hopefully bring the parties to a common understanding of their claims so they can structure a solution and settlement by and between them. The mediator does not receive testimony or evidence like an arbitrator and the mediator does not issue a decision or even draft the settlement agreement between the parties.
The benefits of arbitration
So if we have courts and judges and juries and arbitration awards by themselves do not allow a party to garnish bank accounts or seize assets, then what is the benefit or purpose of arbitration you ask. The most significant benefits are privacy, cost, and speed.
One benefit is that arbitration is private. This can be greatly beneficial to businesses because there is no public record of the dispute that may impact the reputation of the business. When a lawsuit is filed it is public record and can be searched online. That is not the case with an arbitration so by including private arbitration in business contracts or by agreeing to arbitrate disputes businesses and their owners can keep their dispute out of the public eye.
Another benefit to arbitration is the cost however this is often only relevant when utilizing a private arbitration service like Palm Beach Business Arbitration as opposed to a large arbitration company or national service. While there is nothing wring with using a big arbitration outfit their costs are much higher than a private arbitrator that can eliminate the administrative fees of the big arbitration companies and have the flexibility to structure the cost to fit the budget of the parties.
The third benefit of arbitration is the speed as compared to lawsuits. Although Florida's courts have tried to streamline the lawsuit process from 2025 the availability of court hearing time and the volume of pending cases means that realistically it will take about two years or more to get a case to trial. By using a private arbitrator the process can easily be done within a month or if the parties desire to perform some discovery like exchanging documents or taking depositions then the whole arbitration can be done in a few short months. Also the entire arbitration process can be accomplished online making it much more convenient for parties and witnesses. For example Palm Beach Business Arbitration uses remote video to make arbitrations more efficient and cost effective for parties.
Arbitrator David Steinfeld has almost 30 years of experience arbitrating and litigating business, construction, and real estate disputes. He is also one of the few attorneys in Florida that is a Board Certified expert in business litigation and is the first and only person to twice Chair the Florida Bar Certification Committee for that area of practice. Through Palm Beach Business Arbitration he arbitrates and decides those types of disputes privately for parties so by arbitrating the same type of cases that he litigates Mr. Steinfeld is able to bring his years of experience and expertise to bear for the parties.
One benefit is that arbitration is private. This can be greatly beneficial to businesses because there is no public record of the dispute that may impact the reputation of the business. When a lawsuit is filed it is public record and can be searched online. That is not the case with an arbitration so by including private arbitration in business contracts or by agreeing to arbitrate disputes businesses and their owners can keep their dispute out of the public eye.
Another benefit to arbitration is the cost however this is often only relevant when utilizing a private arbitration service like Palm Beach Business Arbitration as opposed to a large arbitration company or national service. While there is nothing wring with using a big arbitration outfit their costs are much higher than a private arbitrator that can eliminate the administrative fees of the big arbitration companies and have the flexibility to structure the cost to fit the budget of the parties.
The third benefit of arbitration is the speed as compared to lawsuits. Although Florida's courts have tried to streamline the lawsuit process from 2025 the availability of court hearing time and the volume of pending cases means that realistically it will take about two years or more to get a case to trial. By using a private arbitrator the process can easily be done within a month or if the parties desire to perform some discovery like exchanging documents or taking depositions then the whole arbitration can be done in a few short months. Also the entire arbitration process can be accomplished online making it much more convenient for parties and witnesses. For example Palm Beach Business Arbitration uses remote video to make arbitrations more efficient and cost effective for parties.
Arbitrator David Steinfeld has almost 30 years of experience arbitrating and litigating business, construction, and real estate disputes. He is also one of the few attorneys in Florida that is a Board Certified expert in business litigation and is the first and only person to twice Chair the Florida Bar Certification Committee for that area of practice. Through Palm Beach Business Arbitration he arbitrates and decides those types of disputes privately for parties so by arbitrating the same type of cases that he litigates Mr. Steinfeld is able to bring his years of experience and expertise to bear for the parties.
How does an arbitration work
Arbitration starts with the parties entering into a private arbitration agreement with Palm Beach Business Arbitration either on an hourly basis or on a flat rate. The parties then submit their claims on a set briefing schedule so everyone involved knows clearly what the arbitration is about. This is also done to ensure that the final award is properly formatted to ensure its enforceability.
The process then requires at least one initial planning session with the parties to determine what actions need to occur between that meeting and the final arbitration hearing. Some issues that may need to be addressed in that intervening time would be discovery and discovery disputes and pre-arbitration motions if appropriate to the process. These issues are discussed and addressed in the initial meeting to determine their necessity and to frame out the level of formality that may be required or appropriate to each matter.
Finally the arbitration hearing occurs where the parties present their documents and witnesses like in a trial but with slightly less formality than a trial in court. The arbitrator uses that information and the presentations from the parties to draft the arbitration award after the final hearing.
The process then requires at least one initial planning session with the parties to determine what actions need to occur between that meeting and the final arbitration hearing. Some issues that may need to be addressed in that intervening time would be discovery and discovery disputes and pre-arbitration motions if appropriate to the process. These issues are discussed and addressed in the initial meeting to determine their necessity and to frame out the level of formality that may be required or appropriate to each matter.
Finally the arbitration hearing occurs where the parties present their documents and witnesses like in a trial but with slightly less formality than a trial in court. The arbitrator uses that information and the presentations from the parties to draft the arbitration award after the final hearing.
What kind of awards are there
Arbitration awards can be a very simple note of which party won and the details of the award. They can also take the form of a reasoned award that addresses all of the evidence and testimony presented and explains how each fits into the reasoning of who won and the terms of that award. There is also a third type of arbitration award which is between the simple and reasoned awards that goes beyond the simple award but is not in as much detail as the reasoned award.
Which award is appropriate for your arbitration is a topic that is addressed in the initial arbitration conference or earlier. The distinction between then relates to the cost of preparing them. Naturally is is much faster and cheaper for an arbitrator to issue a simple award and it takes more time and therefore more cost to develop and draft a well and fully reasoned award. Thus which style of award is the best fit for your arbitration is a topic to address at the initial meeting or earlier.
Which award is appropriate for your arbitration is a topic that is addressed in the initial arbitration conference or earlier. The distinction between then relates to the cost of preparing them. Naturally is is much faster and cheaper for an arbitrator to issue a simple award and it takes more time and therefore more cost to develop and draft a well and fully reasoned award. Thus which style of award is the best fit for your arbitration is a topic to address at the initial meeting or earlier.
What happens after arbitration
After the final arbitration hearing concludes the arbitrator evaluates the testimony and documents presented in the arbitration hearing and issues the arbitration award. The parties then have the option of discussing a resolution of the award either by payment by the losing party or a payment plan from that party.
If the parties do not agree on a private resolution to the arbitration award then the prevailing or winning party can enforce the award by filing a lawsuit to conform it into a final judgment to then use execution processes like garnishment, execution, and attachment. Any party that obtains an arbitration award wants to be sure that the award will be enforceable if they have to proceed on that path. For an arbitration award to be enforceable the arbitrator must not have a conflict with the parties or a personal stake in the dispute and the parties must have been appropriately afforded fair due process. That means the parties must have had a full and fair chance to present their side of the matter to the arbitrator.
While their is no appeal of an arbitration award like an appeal of a trial court judgment to an appellate court a party can challenge enforcement of an arbitration award when the winning party tries to conform the award. But disagreeing with the decision of the arbitrator or arguing the misapplication of legal principles is not a recognized basis on which to challenge an arbitration award.
Any party that participates in a private arbitration wants to be sure that the resulting award will be enforceable later. By using a seasoned and experienced litigator like David Steinfeld to privately arbitrate disputes the parties can ensure that the resulting arbitration award will comply with Florida law and will be enforceable.
If the parties do not agree on a private resolution to the arbitration award then the prevailing or winning party can enforce the award by filing a lawsuit to conform it into a final judgment to then use execution processes like garnishment, execution, and attachment. Any party that obtains an arbitration award wants to be sure that the award will be enforceable if they have to proceed on that path. For an arbitration award to be enforceable the arbitrator must not have a conflict with the parties or a personal stake in the dispute and the parties must have been appropriately afforded fair due process. That means the parties must have had a full and fair chance to present their side of the matter to the arbitrator.
While their is no appeal of an arbitration award like an appeal of a trial court judgment to an appellate court a party can challenge enforcement of an arbitration award when the winning party tries to conform the award. But disagreeing with the decision of the arbitrator or arguing the misapplication of legal principles is not a recognized basis on which to challenge an arbitration award.
Any party that participates in a private arbitration wants to be sure that the resulting award will be enforceable later. By using a seasoned and experienced litigator like David Steinfeld to privately arbitrate disputes the parties can ensure that the resulting arbitration award will comply with Florida law and will be enforceable.
Who’s the best arbitrator for your dispute
While there are many experienced, trained, and qualified arbitrators in Florida to help you resolve your business, construction, or real estate dispute using a big arbitration business to identify one will add substantial administrative costs to the dispute that you can avoid and save by going directly to a private arbitrator like David Steinfeld at Palm Beach Business Arbitration.
David Steinfeld has almost 30 years of experience and is one of the few attorneys in Florida who is Board Certified expert in business litigation. He has represented parties in arbitrations and lawsuits of business, construction, and real estate disputes over that time. He brings to any arbitration he handles as the arbitrator all of the wisdom gained from that depth of practical experience.
Private arbitrators chosen by the parties do not have to be certified in Florida. Only arbitrators that are appointed by our courts for non-binding or binding arbitration must be certified. David Steinfeld is not a full-time certified arbitrator. He arbitrates disputes privately through his Palm Beach Business Arbitration service to provide a better alternative to extremely costly big arbitration businesses and to bring his experience and expertise to disputes so they are efficiently, fairly, and effectively adjudicated in private arbitration.
David Steinfeld has almost 30 years of experience and is one of the few attorneys in Florida who is Board Certified expert in business litigation. He has represented parties in arbitrations and lawsuits of business, construction, and real estate disputes over that time. He brings to any arbitration he handles as the arbitrator all of the wisdom gained from that depth of practical experience.
Private arbitrators chosen by the parties do not have to be certified in Florida. Only arbitrators that are appointed by our courts for non-binding or binding arbitration must be certified. David Steinfeld is not a full-time certified arbitrator. He arbitrates disputes privately through his Palm Beach Business Arbitration service to provide a better alternative to extremely costly big arbitration businesses and to bring his experience and expertise to disputes so they are efficiently, fairly, and effectively adjudicated in private arbitration.
Written by Board Certified business lawyer David Steinfeld
David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for almost 30 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
