Board Certified Civil Trial Attorney
.
Approved Mediator
.
Approved Arbitrator
Board Certified Civil Trial Attorney
.
Approved Mediator
.
Approved Arbitrator
Tampa Civil Mediation
Arbitration resolves a civil dispute through a binding or non-binding decision on the merits rather than a negotiated settlement. The mediation practice areas resolve disputes by helping parties agree, while arbitration resolves them by having a neutral decide who is right.
Tampa Civil Mediation, LLC provides arbitration services in Hillsborough County and across the Tampa Bay area, with Anthony T. Martino serving as sole arbitrator, panel chair, or panel member in civil disputes.
Florida runs several distinct arbitration tracks with different rules and consequences. Court-ordered non-binding arbitration, private contractual binding arbitration, and statutory medical-negligence arbitration are not interchangeable processes, even though all three fall under the umbrella term “arbitration.”
| Factor | Mediation | Non-Binding Arbitration | Binding Arbitration |
|---|---|---|---|
| Who decides | The parties themselves | The arbitrator, subject to trial de novo | The arbitrator — final, subject to narrow court review |
| Governing authority | Fla. R. Civ. P. 1.700 | Fla. Stat. § 44.103 and Fla. R. Civ. P. 1.800–1.820 | Fla. Stat. Ch. 682 or Fla. Stat. § 766.207 |
| Outcome if rejected | Case returns to litigation | A party may file a notice of rejection and request for trial within 20 days | Award may only be vacated on narrow statutory grounds |
Parties evaluating a specific case type should first review the relevant mediation practice areas. Arbitration becomes relevant when the parties or the court seek a decision rather than a negotiated resolution.
A Hillsborough County circuit or county court may refer a contested civil action to non-binding arbitration under Fla. Stat. § 44.103(2), or the parties may stipulate to it under Fla. R. Civ. P. 1.800.
The arbitrator’s decision becomes final and enforceable as a judgment unless a party properly rejects it — and current Florida rules require an exact procedural step, not a general objection.
When parties agree to binding arbitration, or when either party in a medical malpractice matter elects binding arbitration of damages under Fla. Stat. § 766.207, the resulting award is difficult to undo.
A court may vacate a binding arbitration award only on the narrow statutory grounds set out in Fla. Stat. § 682.13 — including corruption, fraud, or undue means in procuring the award, evident partiality of the arbitrator, arbitrator misconduct prejudicing a party’s rights, or the arbitrator exceeding the scope of authority granted by the arbitration agreement. A motion to vacate must generally be filed within 90 days of receiving the award, or within 90 days of discovering grounds involving corruption, fraud, or undue means.
An arbitration hearing resembles a condensed trial rather than a mediation caucus. Evidence and testimony are presented to the arbitrator, who then issues a written decision, rather than parties negotiating toward their own agreement.
A party or representative with authority relevant to the dispute should attend, along with the evidence needed to support the case on its merits rather than to negotiate a settlement range.
At a glance
Common Questions
Deadlines, rejection procedure, cost, and confidentiality — with the governing statute or rule cited for each.
Non-binding arbitration under Fla. Stat. § 44.103 lets a party reject the decision by filing a compliant notice within 20 days, so the case can still go to trial. Binding arbitration under Ch. 682 produces an award a court may vacate only on narrow statutory grounds.
A party must file a notice of rejection of the arbitration decision and a request for trial in a single document within 20 days of service of the arbitrator’s written decision, under Fla. R. Civ. P. 1.820(h). Florida appellate courts have strictly enforced the explicit-rejection requirement.
The decision becomes final, and the presiding judge enters judgment enforcing it, under Fla. Stat. § 44.103(5). Florida courts have held that a trial de novo request alone, without the explicit notice of rejection, does not preserve the right to a trial.
Yes. If the party requesting trial de novo does not improve the outcome by at least 25% at trial, the court may assess that party’s opponent’s arbitration costs, court costs, and reasonable attorney’s fees against them, under Fla. Stat. § 44.103(6).
Only on the narrow grounds listed in Fla. Stat. § 682.13, including corruption, fraud, or undue means, evident partiality of the arbitrator, arbitrator misconduct, or the arbitrator exceeding authority under the arbitration agreement. A motion to vacate must generally be filed within 90 days.
Fla. Stat. § 44.103(3) no longer sets a per diem cap — that provision was removed effective July 1, 2025. Arbitrators are compensated according to rules adopted by the Florida Supreme Court and paid by the parties, or, if a party is found indigent, partially from state funds.
Court-ordered non-binding arbitration hearings are not automatically confidential, unlike mediation communications protected under Fla. Stat. § 44.405. Binding arbitration confidentiality generally depends on the terms the parties negotiated into their private arbitration agreement.
Yes. Once a presuit investigation confirms reasonable grounds for a medical negligence claim, either party may request voluntary binding arbitration of damages within 90 days of the presuit notice, under Fla. Stat. § 766.207(2), and the opposing party has 30 days to accept.
Arbitrators for court-ordered non-binding arbitration are selected in accordance with rules adopted by the Florida Supreme Court under Fla. Stat. § 44.103(3). Parties can also agree directly on an arbitrator, or a contractual arbitration clause may specify the selection process in advance.
Anthony T. Martino brings 45 years of trial experience to every arbitration — whether serving as sole arbitrator, panel chair, or panel member.
Check available dates for mediation or arbitration in Tampa Bay or statewide by video.
