When you are operating a Florida business, the last thing you want is to be served with a lawsuit. However, as much as you would prefer to avoid litigation, there is always a possibility that your enterprise could end up in a legal dispute with a client, vendor, employee, partner, or other parties. Therefore, knowing your business litigation options is essential. One way to resolve a business legal matter is through voluntary trial resolution. If you have not heard this term, you may be wondering: What is voluntary trial resolution?
What is Voluntary Trial Resolution?
Voluntary trial resolution is essentially a private trial. When parties choose to litigate their dispute using this resolution method, they consent to hire a private judge to hear their case outside of the standard judicial process.
Under Florida law, a voluntary trial resolution hearing must be conducted by a trial resolution judge. If the parties have entered into an agreement to use this process and have an agreement that provides a method for appointing a judge, they can nominate a member of the Florida Bar who has been in good standing for more than five years to act as a trial resolution judge. This individual will be appointed by the court as agreed. If the parties cannot agree on who should serve as the voluntary trial resolution judge, the court will appoint one.
The parties will compensate the trial resolution judge according to their agreement. The judge can determine any question and render a final decision. The Florida rules of evidence and civil procedure apply during a voluntary trial resolution hearing just as in an ordinary trial.
Appeal of the Voluntary Trial Judge’s Decision
Under the law, any party may enforce a final decision rendered in a voluntary trial by filing a petition for final judgment in the circuit court where the voluntary trial took place. Further, “upon entry of final judgment by the circuit court, any party may appeal to the appropriate appellate court. Factual findings determined in the voluntary trial are not subject to appeal.”
Why Choose Voluntary Trial Resolution?
Depending on your dispute, using voluntary trial resolution may be less costly than a traditional court process. Often when a case is filed in a circuit court, the parties may have their hearings reset numerous times. Each time you have to go through this process, it can involve incurring legal fees. Using a private judge usually means you will have your case heard on an agreed-upon date without rescheduling.
Additionally, the voluntary trial resolution process tends to be more efficient. Rather than waiting to get on the circuit court docket, you can schedule your hearing and have the matter decided sooner. This method also provides more appellate rights than arbitration.
Unlike an ordinary court, a private trial also gives the parties some control over who will hear their dispute. For example, if the business conflict involves a particular industry, you and the other party could agree to have the case heard by someone with specialized knowledge of the issue and area.
If you are considering using voluntary trial resolution, it’s important to review the pros and cons with an experienced business lawyer before agreeing. You and your lawyer can discuss the process and determine the best ways to protect your interests.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.