What Is Non-Binding Arbitration?

Non-binding arbitration is generally a more informal proceeding than a trial and may be conducted virtually. Before the hearing, each party is encouraged to submit supporting documentation, typically within a specified period. At the hearing, attorneys present their positions, supporting evidence, and arguments to the arbitrator. Witness testimony, although uncommon, is permitted. Unlike a traditional trial, evidence is predominately presented through attorney proffers. For example, counsel may submit an expert report and explain the expected testimony, all without having to comply with the rules of evidence for admitting documents or testimony. The arbitrator considers the presentations and supporting information and then prepares a written decision intended to provide the parties with an independent assessment of the dispute.