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| Practice Area · 01
Herbert M. Berkowitz arbitrates binding and non-binding Hillsborough County civil disputes with the procedural discipline of a former County Court Judge and more than 50 years of Florida civil litigation experience.
Arbitration resolves a civil dispute through a decision issued by a neutral arbitrator rather than a judge or jury. Depending on the parties’ agreement and the governing process, the decision may be binding and enforceable or non-binding and subject to a timely request for trial.
The applicable framework matters. Court-ordered non-binding arbitration, voluntary binding arbitration, and contractual arbitration clauses follow different Florida rules, timelines, and review standards. Identifying that path at the outset helps parties prepare the right record and understand the consequences of the award.
Florida Statute §44.103 governs court-ordered non-binding arbitration in pending civil cases.
Florida Statute §44.104 governs binding arbitration agreed to by the parties.
Chapter 682 commonly governs commercial disputes arising from arbitration clauses.
A non-binding award may stand unless a rejection and trial request are timely filed under Rule 1.820(h).
The Process
Mr. Berkowitz brings structure to the proceeding while tailoring the format to the governing agreement, the issues, and the parties’ needs.
The parties identify whether the matter is court-ordered non-binding, voluntary binding, or contractual arbitration, along with the rules and scope that govern the hearing.
Pre-hearing submissions, exhibit lists, witness information, and legal positions are reviewed in advance so the hearing can focus on the issues that control the result.
Each side receives a fair opportunity to present testimony, exhibits, and argument in a focused proceeding managed with procedural discipline.
Following the close of the hearing, the matter proceeds to an award consistent with the applicable process, agreement, and governing law.
The source of the arbitration appointment—not simply whether an award is binding—determines the principal legal framework.
| TOPIC | AUTHORITY | PRACTICAL CONSIDERATION |
|---|---|---|
| Court-Ordered Non-Binding Arbitration | Fla. Stat. §44.103 | A judge refers a pending civil case to arbitration. An award may be rejected through the procedure and timing established by Fla. R. Civ. P. 1.820(h). |
| Voluntary Binding Arbitration | Fla. Stat. §44.104 | The parties agree in writing to binding arbitration and accept a final award subject to the limited review described by the statute. |
| Contractual Arbitration | Florida Arbitration Code, Ch. 682 | A contract’s arbitration clause commonly establishes the parties’ arbitral forum, scope, and procedural framework. |
| Non-Binding Award Consequences | §44.103(6) / Rule 1.820(h) | A timely rejection-and-trial request is critical; the statute also contains cost-shifting provisions tied to the eventual trial outcome. |
Matters Covered
Mr. Berkowitz arbitrates civil disputes in Hillsborough County, with the proceeding structured around the governing agreement, applicable rules, and evidence.
— Herbert M. Berkowitz
Frequently Asked Questions
Binding arbitration results in a final award subject to limited review. Non-binding arbitration produces an advisory decision that may be rejected through the applicable Florida procedure and deadline.
A party may reject a court-ordered non-binding award by filing the required notice of rejection and request for trial within the period established by Fla. R. Civ. P. 1.820(h).
Yes. Commercial agreements often include arbitration clauses, and Chapter 682 commonly supplies the governing Florida framework for those contractual proceedings.
No. A mediator facilitates negotiation while the parties retain control of the outcome. An arbitrator considers the record and issues a decision or award under the applicable process.
Important information: This page provides general information about mediation and arbitration in Florida. It is not legal advice, and parties should consult their own counsel regarding deadlines, statutes, and the facts of a particular matter.
To discuss a Hillsborough County arbitration proceeding, contact Herbert M. Berkowitz directly.
