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.

I want to express our firm’s appreciation to ADR Systems for providing us with an outstanding CLE program.  I received numerous positive comments from our partners; everyone thought that the Hon. F. Keith Brown and Stuart A. Nudelman provided us with useful and interesting insights.  I think that our Chicago partners (and anyone else who might do a mediation in Chicago) would be delighted with any of them as a mediator or arbitrator.

Alan Becker, Managing PartnerLitchfield Cavo LLP
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