Why would parties choose non-binding arbitration if the result isn’t binding?

location_onFlorida topicTrial de Novo & Cost Consequences calendar_todaySeptember 12, 2026 verified Mediator-validated
Direct Answer

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.

Herbert A. Fried

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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