Voluntary Trial Resolution Bill

Changes are afoot in Tallahassee with a proposal in the current legislative session to amend the way private judging is done. Chapter 44, Florida Statutes has an option that allows parties in civil disputes to sidestep the delays without relinquishing their right to a jury trial or appeal. Although voluntary trial resolution (VTR), commonly known as private judging, has been in place for more than 25 years, it is rarely invoked with anecdotal stats of around one per year. Incidentally, I did participate in one private civil jury trial in the late 1990s with success. The Florida Bar Business Law Section’s Business Litigation Committee created a task force to identify opportunities to clarify and modernize the process of private judging. After reviewing current Florida law, analyzing relevant case law from other jurisdictions and discussing best practices, the task force concluded clarifying this process might help its use. The current statute, Section 44.104, Florida Statutes, allows parties who agree to private judging choose their own judge, file pleadings with the clerk, and conduct a trial in court or another agreed-upon venue. Uncertainties make most attorneys reluctant to recommend private judging to their clients. The proposed bill aims to close some gaps, giving lawyers more confidence to pursue voluntary trial resolution and helping parties more efficiently resolve disputes. If enacted, the updated statute would give circuit courts the authority to issue orders enforcing the parties’ agreement to pursue voluntary trial resolution, including compelling payment of compensation to the private judge. Decisions made by private judges (whether final or non- final orders) could be reviewed or appealed, just like decisions from circuit judges. At the ADR Section Executive Winter Meeting today, there was a robust discussiom of the substantive changes, as well as things like the use of the courthouse and staff in conducting these trials. Much remains in flux this session and it appears the drafters might have to go back to the drawing board. At present, the bill is likely to die in committee (as it did last year) and so those that are interested in commenting should send your thoughts to the ADR Section care of its administrator: chopkins@floridabar.org See more here-- https://www.flsenate.gov/Session/Bill/2026/965/BillText/Filed/PDF and https://flabaradr.com/wp-content/uploads/2026/01/ADR-Section-Common-Ground-FallWinter-2025.pdf and https://www.flsenate.gov/Session/Bill/2026/965/

Condo ADR Bill in FL Legislature

The Florida Legislature began its session this week and there is already a bill out of drafting relating to alternative dispute resolution (ADR). The act would amend Section 34.01, Florida Statutes, expanding the jurisdiction of county courts to include certain disputes occurring in condominium and cooperative associations. It would also amend Section 718.103, Florida Statutes, defining the term “condominium documents” and Section 718.112 conforming provisions to changes made by the act, requiring that a provision for mandatory mediation, rather than nonbinding arbitration, be included in association bylaws. The language also amends Section 718.117, revising how a unit owner or lienor may contest a plan of termination and amending Section 718.1255, revising the requirements for ADR in condominium associations and providing a form for the written demand an aggrieved party is required to serve on a responding party, as well as providing requirements for the service of a statutory demand to participate in presuit mediation and the response to such service. The legislation would provide requirements for mediators selected by the parties and that parties to equally share the costs of presuit mediation, while authorizing a mediator to require advance payment of fees and costs. Under the law, presuit mediation proceedings would be conducted in accordance with Chapter 44, Florida Statutes, in addition to the Florida Rules of Civil Procedure and authorize a representative from an association’s insurance carrier to attend presuit mediation conferences. The likely effective date would be July 1, 2019. Search for more here-- https://bit.ly/2VKtnHI