Arbitration of Disputes
- The
Division may but is not required to employ arbitrators.
- The
Division may also certify attorneys who are not employed by the division
to act as arbitrators and conduct the arbitration hearings provided in
this chapter.
- A
person may only be certified by the division to act as an arbitrator if he
or she has been a member in good standing of The Florida Bar for at least
5 years and has mediated or arbitrated at least 10 disputes involving
condominiums in this state during the 3 years immediately preceding the
date of application, mediated or arbitrated at least 30 disputes in any
subject area in this state during the 3 years immediately preceding the
date of application, or attained board certification in real estate law or
condominium and planned development law from The Florida Bar.
- Arbitrator
certification is valid for 1 year.
- An
arbitrator who does not maintain the minimum qualifications for initial
certification may not have his or her certification renewed.
- The
department may not enter into a legal services contract for an arbitration
hearing under this chapter with an attorney who is not a certified
arbitrator unless a certified arbitrator is not available within 50 miles
of the dispute.
- Upon
determination by the division that a dispute exists and that the petition
substantially meets the requirements of the arbitration statutes, and any
other applicable rules, the division shall assign or enter into a contract
with an arbitrator and serve a copy of the petition upon all respondents.
- The arbitrator shall conduct a
hearing within 30 days
after being assigned or entering into a contract unless the petition is
withdrawn or a continuance is granted for good cause shown.
- The arbitration decision must be
rendered within 30 days of the hearing.
- The
arbitrator’s failure to render a written decision within 30 days after the
hearing may result in the cancellation of his or her arbitration
certification.
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