The Eighth Judicial District has implemented the Martin P. Violante Alternative Dispute Resolution (ADR) Program, named in honor of Court Attorney Referee Marty Violante. According to a written release from Eighth Judicial District Administrative Judge Sharon Townsend, Violante's dedication to ADR inspired the development of the program for civil, commercial, matrimonial and family court matters.
It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute -- the Federal Arbitration Act (FAA) -- does not define its key term: "arbitration." A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered "arbitration" for purpose of the FAA. Under the 11th Circuit's narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th C...
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