Lawrence Kolin, Steven Jaffe offer exploration of nonbinding arbitration

Upchurch Watson White & Max neutrals Lawrence H. Kolin and Steven R. Jaffe are featured prominently in the November–December issue of the Florida Justice Association Journal, where they offer a timely exploration of one of Florida’s most misunderstood ADR tools: nonbinding arbitration under § 44.103, Fla. Stat.

The article, authored by Lawrence and introduced by Steven, provides plaintiff attorneys and other litigators with a valuable primer on the statutory framework, practical application and procedural nuances of nonbinding arbitration—an ADR method increasingly used in several Florida circuits to manage dockets and encourage earlier case evaluation.

Lawrence’s analysis walks readers through:

• Current statutory authority and procedural rules, including the operation of Fla. R. Civ. P. 1.820 and the right to request a trial de novo.
• Growth in judicial adoption, particularly recent administrative developments in the 9th Judicial Circuit following longstanding use in the 20th.
• Recent legislative changes, including the elimination of outdated arbitrator compensation caps.
• Rule amendments under consideration by the Civil Rules Committee of The Florida Bar, with the ADR Section recommending clarifications that would ensure predictability and preserve the confidentiality and limited evidentiary role of nonbinding arbitration proceedings.
• Technical pitfalls for practitioners, highlighted through recent case law showing the consequences of missing or mislabeling required notices under amended Rule 1.820(h).

As Lawrence notes, nonbinding arbitration, much like early neutral evaluation, can provide litigants with a meaningful reality check while preserving all trial rights. It is also becoming a practical tool for courts facing backlog pressures, offering parties an efficient, cost-effective avenue to evaluate claims and position cases more strategically.

Both authors bring deep experience to the discussion. Lawrence has served for more than a decade as a UWWM panel neutral and is a former General Magistrate, Supreme Court of Florida-certified mediator, qualified arbitrator, special master and long-time leader within the ADR Section of The Florida Bar. Steven joined UWWM after a distinguished litigation career on both sides of the aisle and has mediated more than 2,500 cases, drawing on decades of courtroom and community leadership.

Their article provides an essential update for attorneys navigating ADR options in Florida, particularly as rule amendments continue to evolve.