The Difference Between Arbitration and Litigation

"Colson Hicks Eidson is recognized as one of the top litigation firms in the country, handling local, national and international litigation for a wide range of clients." - Chambers USA

February 12, 2015
Colson Hicks Eidson

Our Accident Attorney Explains These Legal Terms

In this video, injury lawyer Mike Eidson talks about two common legal actions that the law firm of Colson Hicks Eidson handles. In binding arbitration, those involved must abide by the final court ruling and cannot appeal the judgment. Our litigation lawyers can provide assistance for both arbitration and litigation, and if your litigated case requires an appeal, we are able to pursue an appeal through our appellate practice. If you are in need of experienced legal representation, contact us today to schedule a confidential consultation.

Video Transcription:

Arbitration you can present evidence, or you can have arbitration just presented orally. You can present testimony if you want to in an arbitration. Some arbitrations last weeks, some of them last a couple of hours, it depends on the rules that you decide to apply to the arbitration. Another thing that’s similar to that, you can have binding or non-binding arbitration. Binding means that both sides agree that they will be bound by the results as if they would if a jury had decided the case. Generally, you have no right of appeal. So if you agree to a binding arbitration, then you are bound by whatever that result is. There’s really no provision for an appeal in our rules. If you agree to a binding arbitration, that is usually going to be the end of your case.

Whereas in a trial with a jury, you go through the whole procedure, there’s an appeal much of the time. Either side can appeal to the Court of Appeals. In Florida, we have two Court of Appeals, two levels. We have the District Court, which has to hear to every case. They decide up or down, whether or not the rules were followed by the trial judge. If you lose, you can try to get your case to the State Supreme Court. The Supreme Court has limited jurisdiction. It only handles case where the districts have a dispute on the same fact pattern, or if a district judge certifies the case of great public interest.

It’s very limited what cases can go to the Supreme Court. Most states that have a Court of Appeals and a Supreme Court is set up the same way that Florida does. So that’s a big difference between arbitration and a trial, is really the right of appeal.