Can an arbitration be non-binding? - ADR Systems

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Before an arbitration, parties must agree that the arbitration will be either binding or non-binding. Most arbitrations are binding:  the parties agree that after they present their case to the arbitrator, the arbitrator will decide their case and render an award. The arbitrators decision will be final and binding on all parties to the arbitration.

Some arbitrations are non-binding: the parties agree that the arbitrator will not impose a decision and the parties may ask the arbitrator to make recommendations as to what the outcome might be.  Insight gained in a non-binding arbitration may help parties settle their case sooner rather than later.

Judge Burke successfully mediated a complicated case with little chance of being resolved.  He read every word of the parties' submissions, asked astute questions, and worked hard to find a path to resolution.  Judge Burke communicated with the parties themselves - so that they felt they were important participants in working toward resolution. The case I thought was never going to settle, settled.

Robert W. Smyth, Jr., Esq.Donohue Brown Mathewson & Smyth
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