Fla. R. Civ. P. 1.820

Hearing Procedures for Non-Binding Arbitration

sha256 fdc343fcd6f5ab01c917070084b316b3… · retrieved 7/11/2026, 11:08:35 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.820. 	HEARING PROCEDURES FOR NON-BINDING
ARBITRATION
(a) 	Authority of the Chief Arbitrator. The chief arbitrator
has authority to commence and adjourn the arbitration hearing and
carry out other duties under section 44.103, Florida Statutes. The
chief arbitrator does not have authority to hold any person in
contempt or to in any way impose sanctions against any person.
(b) 	Conduct of the Arbitration Hearing.
(1) 	The chief judge of each judicial circuit must set
procedures for determining the time and place of the arbitration

hearing and may establish other procedures for the expeditious and
orderly operation of the arbitration hearing to the extent such
procedures are not in conflict with any rules of court.
(2) 	Hearing procedures must be included in the notice
of arbitration hearing sent to the parties and arbitration panel.
(3) 	Individual parties or authorized representatives of
corporate parties must attend the arbitration hearing unless
excused in advance by the chief arbitrator for good cause shown.
(c) 	Rules of Evidence. The hearing must be conducted
informally. Presentation of testimony must be kept to a minimum,
and matters must be presented to the arbitrator(s) primarily
through the statements and arguments of counsel.
(d) 	Orders. The chief arbitrator may issue instructions as
are necessary for the expeditious and orderly conduct of the
hearing. The chief arbitrator’s instructions are not appealable. On
notice to all parties the chief arbitrator may apply to the presiding
judge for orders directing compliance with such instructions.
Instructions enforced by a court order are appealable as are other
orders of the court.
(e) 	Default of a Party. When a party fails to appear at a
hearing, the chief arbitrator may proceed with the hearing, and the
arbitration panel must render a decision based on the facts and
circumstances as presented by the parties present.
(f) 	Record and Transcript. Any party may have a record
and transcript made of the arbitration hearing at that party’s
expense.
(g) 	Completion of the Arbitration Process.
(1) 	Arbitration must be completed within 30 days of the
first arbitration hearing unless extended by order of the court on
motion of the chief arbitrator or of a party. Extensions of time must
not exceed 60 days from the date of the first arbitration hearing.

(2) 	On the completion of the arbitration process, the
arbitrator(s) must render a decision. In the case of a panel, a
decision must be final on a majority vote of the panel.
(3) 	Within 10 days of the final adjournment of the
arbitration hearing, the arbitrator(s) shall notify the parties, in
writing, of their decision. The arbitration decision may set forth the
issues in controversy and the arbitrator(’s)(s’) conclusions and
findings of fact and law. The arbitrator(’s)(s’) decision and the
originals of any transcripts shall be sealed and filed with the clerk
at the time the parties are notified of the decision.
(4) 	Any transcripts or exhibits used in the arbitration
must, unless otherwise ordered by the court or agreed by the
parties, be retained by the party who introduced the transcripts or
exhibits until the conclusion of the case, or until otherwise ordered
by the court.
(h) 	Notice of Rejection of the Arbitration Decision and
Request for Trial. To reject the arbitration decision, within 20 days
of service of the arbitrator(’s)(s’) written decision, any party must file
a notice of rejection of the arbitration decision and request for trial
in the same document. No action or inaction by any party, other
than the filing of the notice, will be deemed a rejection of the
arbitration decision. If a notice of rejection of the arbitration
decision and request for trial is filed by any party, any party having
a third-party claim at issue at the time of arbitration may file a
notice of rejection of the arbitration decision and request for trial
within 10 days of service of the first notice of rejection of the
arbitration decision and request for trial. If a notice of rejection of
the arbitration decision and request for trial is not made within 20
days of service on the parties of the decision, the decision must be
referred to the presiding judge, who must enter such orders and
judgments as may be required to carry out the terms of the decision
as provided by section 44.103(5), Florida Statutes.
Committee Notes
1988 Adoption. Arbitration proceedings should be informal
and expeditious. The court should take into account the nature of

the proceedings when determining whether to award costs and
attorneys’ fees after a trial de novo. Counsel are free to file
exceptions to an arbitration decision or award at the time it is to be
considered by the court. The court should consider such exceptions
when determining whether to award costs and attorneys’ fees. The
court should consider rule 1.442 concerning offers of judgment and
section 45.061, Florida Statutes (1985), concerning offers of
settlement, as statements of public policy in deciding whether fees
should be awarded.
1994 Amendment. The Supreme Court Committee on
Mediation and Arbitration Rules recommends that a copy of the
local arbitration procedures be disseminated to the local bar.
2003 Amendment. The statutory reference in subdivision (h)
is changed to reflect changes in the statutory numbering.
2007 Amendment. Subdivision (h) is amended to avoid the
unintended consequences for defendants with third-party claims
who prevailed at arbitration but could not pursue those claims in a
circuit court action because no motion for trial was filed despite a
plaintiff or plaintiffs having filed a motion for trial that covered
those claims. See State Dept. of Transportation v. BellSouth
Telecommunications, Inc., 859 So. 2d 1278 (Fla. 4th DCA 2003).

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