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Mediation and ADR

Binding arbitration

Arbitration in which the parties agree in advance to be bound by the arbitrator's decision. In Texas, for example, a binding award in court-referred arbitration is enforceable like any contract obligation.[1]

In more detail

Binding arbitration usually replaces a trial on the issues it covers, so the chance to appeal is narrow. In Florida's voluntary binding arbitration, an appeal goes to the circuit court and is limited to issues such as rule violations, an arbitrator's partiality or misconduct, and constitutional questions.[2] Florida's statute also excludes child custody, visitation and child support from voluntary binding arbitration.[2]

Varies by state

States differ on what can be arbitrated, how arbitrators are chosen and how an award can be reviewed. Find your state’s rules.

Related terms

  • ArbitrationA process in which a neutral person or panel, the arbitrator, hears each side's facts and arguments and then decides the dispute.
  • Nonbinding arbitrationArbitration in which the arbitrator's decision doesn't bind the parties unless they agreed in advance that it would; it serves as a basis for further settlement talks or becomes final if no one rejects it in time.
  • AwardThe decision an arbitrator or arbitration panel issues after hearing both sides.
  • Voluntary trial resolutionA Florida process in which the parties agree in writing to have their civil dispute decided by a trial resolution judge, a Florida Bar member in good standing for more than five years, instead of going through ordinary litigation.

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Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Tex. Civ. Prac. & Rem. Code ch. 154 (Alternative dispute resolution procedures)tcss.legis.texas.govchecked ↩
  2. Fla. Stat. § 44.104 (Voluntary binding arbitration and voluntary trial resolution)leg.state.fl.uschecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

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MediationList. (2026, October 28). Binding arbitration: Definition. https://mediationlist.com/glossary/binding-arbitration/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.