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Binding and Non Binding Arbitration
By John Kessel | On April 17, 2008 | In Legal | 24 Viewings | Rated
Arbitration is the alternative choice available to resolve disputes without going for litigation or trial. Both the parties have to agree that a third party arbitrator will act as both judge and jury. Arbitration can be binding or nonbinding but quite often it ends in a settlement. In a non binding arbitration no arbitration award is issued. The parties may even agree to follow the rules put down by the AAA (American Arbitration Association).
Arbitration is the alternative choice available to resolve disputes without going for litigation or trial. Both the parties have to agree that a third party arbitrator will act as both judge and jury. Arbitration can be binding or nonbinding but quite often it ends in a settlement. In a non binding arbitration no arbitration award is issued. The  parties may even agree to follow the rules put down by the AAA (American Arbitration Association).
 
It is well known that litigations can be for a very long period of time and can take years to settle. Unlike in litigation, during arbitration the rules of evidence and related procedures become quite relaxed. One can generalize and expect the following benefits during arbitration.
 
  • Faster process
  • Lesser involvement with lawyers
  • Binding and non binding arbitrations possible
  • Arbitrator’s fees is lesser than that for a lawyer
  • Helps sooner settlement in non binding arbitration
  • As the arbitrator is not bound by the procedure rules he is more practical
  • No appeals can be filed on a binding arbitration
 
Before deciding on arbitration it is essential for the client to reflect and see if arbitration has to be preferred over litigation. This should be done considering all that is at stake, including time and the money involved. The arbitration clause has to be well reviewed, preferably with the help of a lawyer.
 
With non-binding arbitration, the arbitrator makes a determination of the rights of the parties to the dispute but this determination is not binding on them. The award given is just an advisory opinion and the role of an arbitrator is similar to that of a mediator in a mediation. However unlike in mediation the arbitrator remains totally away from the actual settlement process though he might give suggestions. 

What happens after a non binding arbitration? Well subsequent to a non-binding arbitration, it is up to the parties involved; they are free to pursue their claims either via the courts, or by a binding arbitration.
 

The author of this article is John Kessel of MOS (Managed Outsource Solutions), a US based company that offers services in Legal Outsourcing and Legal Transcription for clients across the US.



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