Arbitration & Mediation

Arguments That Arbitrator "Exceeded Authority" Rarely Work

By Christopher B. Hopkins, Esq.

The general rule is that if you take your claim to arbitration, you had best be prepared to accept the results. We've mentioned the unlikely nature of vacating arbitration awards before -- even if a trial court could not have done what the arbitrator did. Moreover, there's always the infamous warning from the 11th Circuit about poor losers.

So, there's not much new in Glen Ikalina v. The City of Pembroke Pines in terms of hard law, except we see the trend against vacating arbitration awards is now coming to rest in the Fourth DCA.

Ikalina was a police officer who took a dispute with his employer to arbitration and a settlement was reached, requiring him to retire. He then tried to participate in a program which would extend his career and the employer (City) refused. The arbitrator, per the settlement agreement, retained authority to carry out the terms and sided with the City.

Suit arose to challenge sending the matter back to the arbitrator and/or the arbitrator's decision favoring the City. In light of the unambiguous contract term that the arbitrator retained jurisdiction, the Fourth DCA affirmed the dismissal and the arbitrator's ruling stands.

Full post as published by Florida Arbitration Law on January 14, 2008 (boomark / email).