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Agreement to Non-Binding Arbitration When There is no AAA Arbitration Clause . There are two forms of arbitration: binding and nonbinding.Form of Agreement: Binding arbitration is a complete dispute resolution mechanism which has few, if any, rights of appeal. All parties must then agree, on the record, that they understand the final and binding nature of the program. The arbitration itself proceeds off the record. Non-binding arbitration means that the parties are free to request a trial if they do not accept the arbitrator's decision. 3. When is arbitration appropriate? Prehearing Statement. Arbitration may be binding or non-binding, which depends on either an agreement between the parties or any applicable law in this area. Offer a full-scope mediation program.