(1) Except as otherwise provided in subsections (2) and (3), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(a) Waive or agree to vary the effect of the requirements of:
1. Commencing a petition for judicial relief under s. 682.015(1);
2. Making agreements to arbitrate valid, enforceable, and irrevocable under s. 682.02(1);
3. Permitting provisional remedies under s. 682.031;
4. Conferring authority on arbitrators to issue subpoenas and permit depositions under s. 682.08(1) or (2);
5. Conferring jurisdiction under s. 682.181; or
6. Stating the bases for appeal under s. 682.20;
Terms Used In Florida Statutes 682.014
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Florida Statutes 682.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Agree to unreasonably restrict the right under s. 682.032 to notice of the initiation of an arbitration proceeding;
(c) Agree to unreasonably restrict the right under s. 682.041 to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under s. 682.07 of a party to an agreement to arbitrate to be represented by an attorney at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by an attorney in a labor arbitration.
(3) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements in this section or:
(a) The applicability of this chapter, the Revised Florida Arbitration Code, under s. 682.013(1) or (4);
(b) The availability of proceedings to compel or stay arbitration under s. 682.03;
(c) The immunity conferred on arbitrators and arbitration organizations under s. 682.051;
(d) A party’s right to seek judicial enforcement of an arbitration preaward ruling under s. 682.081;
(e) The authority conferred on an arbitrator to change an award under s. 682.10(4) or (5);
(f) The right to confirmation of an award as provided under s. 682.12;
(g) The grounds for vacating an arbitration award under s. 682.13;
(h) The grounds for modifying an arbitration award under s. 682.14;
(i) The validity and enforceability of a judgment or decree based on an award under s. 682.15(1) or (2);
(j) The validity of the Electronic Signatures in Global and National Commerce Act under s. 682.23; or
(k) The effect of excluding from arbitration under this chapter disputes involving child custody, visitation, or child support under s. 682.25.