Advisory arbitration is similar to regular arbitration, except
that it is used for advisory purposes only—the outcome is not binding. Its
purpose is to give parties information about the likely result of a case without
risking the finality of an unfavorable outcome. Advisory arbitration can help
clarify the legal ramifications of the case and the likely judicial or
arbitrated outcome for all parties. Once such a clarification is obtained,
parties and their lawyers are in a much better position to negotiate an outcome
that parallels the likely adjudicated outcome yet saves time and money. In
addition, the parties can fine-tune the agreement to better meet their needs
while staying close enough to the predicted adjudicated outcome so that all the
parties will agree to the negotiated settlement.
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