When it comes to arbitration, business agreements usually require binding arbitration. However, a business contract can also allow for non-binding arbitration.(2) "Judicial arbitration" takes place within the court process and is not binding unless the parties agree at the outset to be bound. In a mandate proceeding challenging an order compelling arbitration, the issue of enforceability of the arbitration clause is decided de novo. Arbitration is essentially a paid private trial, in other words, a method to resolve disputes without going to court. In case no bids are received, the Council may make such public work or improvements without contract or purchase such materials or supplies in the open market. 1.01 The Alameda County Water District (hereafter referred to as the "District"), recognizes. The County of Alameda was not a party to the subcontracts, and its own contract with Jasper has no arbitration clause.