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 recently had a mediation with Judge John Ward. It had been many years since my last case with him. After the first go around ended unsuccessfully with the numbers "far apart," Judge Ward said that he would circle back with us. And sure enough he did reach back to us, and after a few days of phone calls, we settled. He belongs at the top of your list as a mediator for almost any case.

Steven J. Morton, Esq.Steven J. Morton & Associates, Ltd.
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