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Under Florida law, when you file a malpractice case you have the right to a jury trial. In Florida, a civil law suit case will be presided over by a judge and 6 jurors. The judge does not make a decision on the legitimacy of the case, only the jury can decide the outcome. A judge’s sole purpose is to make sure that the law is followed, and to determine the validity of rulings in a case or if evidence is admissible in court. A judge can also decide if the jury is allowed to hear specific testimony or if it must be struck from the case.

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In Florida, either party to a civil lawsuit can determine the case. In many cases, however, if both parties agree, the case can be brought before a mediator and a jury trial is averted. A mediator will listen to both sides of the issue, determine who is at fault and award compensation. Most arbitration is binding, which means that the case cannot go to trial after the arbitrator has made their decision.