Why would parties choose non-binding arbitration if the result isn’t binding?
In Florida court-ordered non-binding arbitration, the process is normally ordered by the judge rather than chosen by the parties. It is conceivable that the parties could stipulate to non-binding arbitration and ask the court to enter an order referring the matter to the process.
In Florida court-ordered non-binding arbitration, the process is normally ordered by the judge rather than chosen by the parties. It is conceivable that the parties could stipulate to non-binding arbitration and ask the court to enter an order referring the matter to the process. In practice, however, voluntarily requesting court-ordered non-binding arbitration may be less attractive because of the potential cost and attorney-fee consequences associated with subsequently requesting a trial de novo. The principal reason parties participate in this form of non-binding arbitration, therefore, is often that the court has ordered the case to arbitration as part of the litigation process.
Expert reviewer
Herbert A. Fried
Herb Fried is a Florida Supreme Court Certified Circuit Civil, Family, County Court, and Dependency Mediator, as well as a Florida Supreme Court Qualified …
Reviewed September 12, 2026
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