Mediation and Arbitration in Florida Elder and Disability Abuse Cases: What Families Should Know

When resolving legal disputes, two important processes often come up: mediation and arbitration. While both aim to settle conflicts outside the courtroom, they work very differently—and those differences matter. Understanding the differences between mediation and arbitration in Florida elder abuse cases is crucial for protecting your loved one’s rights and navigating claims involving nursing homes, assisted living facilities, group homes, or adult day care centers. Here’s how each process works, and what families should know.

Mediation in Florida Elder and Disability Abuse Cases

Mediation is a process where both sides in a dispute meet with a neutral third party called a mediator, who helps them explore a mutually acceptable resolution. Unlike a judge or arbitrator, a mediator does not decide who “wins” or impose any rulings. Instead, the mediator helps the parties communicate, identify strengths and weaknesses in their cases, and work toward a voluntary settlement.

In Florida nursing home, assisted living facility, group home, and adult day care center abuse, neglect, and wrongful death cases, judges often order parties to mediation to try to resolve disputes without a lengthy court battle. However, even if mediation is court-ordered, no one can force you to settle. You always have the right to continue your lawsuit if mediation does not produce a fair agreement.

Key Features of Mediation:

✅ Less Formal than Court or Arbitration: Mediation usually takes place in a conference room, not a courtroom. There’s no judge, jury, or formal rules of evidence. While lawyers might make opening statements or share information, there’s often no testimony or witnesses.

✅ You Control the Outcome: In mediation, you and your attorney decide whether to settle—not a judge or arbitrator. If you don’t agree to terms, your case continues toward trial or arbitration.

✅ Flexibility and Privacy: Mediation discussions are confidential and cannot be used in court. If you can’t reach a deal, you’re free to keep fighting for justice in your nursing home abuse, neglect, or wrongful death claim.

Sometimes, mediation can reduce the time, cost, and emotional toll on families, but it’s not suitable for every case, especially when a facility denies responsibility for serious abuse or neglect.

Arbitration in Florida Elder and Disability Abuse Cases

Arbitration is a more formalized process where disputing parties submit their case to a private arbitrator or a panel of private arbitrators. The arbitrator reviews the evidence and arguments presented by both sides and issues a decision.

Arbitration can either be binding or non-binding. If the parties previously agreed to submit abuse, neglect, or wrongful death cases to arbitration via a valid and enforceable arbitration agreement, the arbitration will be binding and the parties will be forced to honor the decision of the arbitrator (with limited appellate rights). If the parties did not agree to arbitration, a court might still order the parties to non-binding arbitration pursuant to Chapter 44, Florida Statutes.

Key Features of Arbitration:

✅ More Formal than Mediation: Arbitration often involves formal presentations of evidence and witness testimony, though it’s usually less formal than a courtroom trial.

✅ Private and Confidential: Arbitration proceedings and outcomes are typically kept confidential, which can prevent families from publicly exposing patterns of abuse or neglect within a facility.

✅ Limited Appeal Rights: Once an arbitrator makes a binding decision, there are very few opportunities to appeal, even if the decision seems unfair.

✅ Potentially Lower Awards: Studies have shown that arbitration awards in elder or abuse and nursing home cases are often significantly lower than jury verdicts, especially for damages like pain and suffering or punitive damages.

✅ Facilities Often Prefer Arbitration: Nursing homes, assisted living facilities, group homes, and adult day care centers may push arbitration as a way to protect them from large jury verdicts and keep allegations of abuse out of the public eye.

Before signing any Florida nursing home, assisted living facility, group home, or adult day care center agreement, it’s crucial to read arbitration clauses carefully. These clauses can have a major impact on your family’s ability to seek justice and full compensation if your loved one is harmed. For more information about red flags in nursing home admission agreements, check out our blog, "Seven Red Flags to Watch For in a Florida Nursing Home Admission Agreement".

The Bottom Line

In Florida nursing home, assisted living facility, group home, and adult day care center abuse, neglect, or wrongful death cases, knowing the difference between mediation and arbitration is essential to protecting your loved one’s rights and pursuing justice. Understanding how these processes work can help your family make informed decisions about your case.

Protect Your Loved One's Rights

If your loved one has suffered abuse, neglect, or wrongful death in a Florida nursing home, assisted living facility, group home, or adult day care center, contact the experienced attorneys at FIDJ for a FREE case review.