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Non-binding Arbitration




Subsequent to a non-binding arbitration, the parties remain free to pursue their claims either through the courts, or by way of a binding arbitration, although in practice a Settlement is the most common outcome. The award and reasoning in a non-binding arbitration is almost invariably inadmissible in any subsequent action in the courts or in another arbitration tribunal.

Non-binding arbitration is utilised mostly in the United States and Canada . It is largely unknown in Europe, although in the United Kingdom there is a practice of parties who are seeking a settlement to jointly instruct a Queen's Counsel for an opinion on the merits and likely quantum of a claim, and then to negotiate on the basis of the views expressed in that opinion.


IN FICTION


  • In the Michael Crichton book, '' Disclosure '' (and in the 1994 Film Of The Book ), the sexual harassment claim relating to the lead character, Tom Sanders, is subject of a non-binding arbitration, which finds in his favour, but the other parties reject the determination.



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