The parties may jointly elect either binding or non-binding arbitration. Arbitration will be non-binding in the absence of an agreement to binding arbitration.ADR is the common term for different ways of settling a dispute. ADR includes mediation, arbitration, neutral evaluation, settlement conferences. These alternatives to a lawsuit are known as alternative dispute resolution. Written contracts may contain an arbitration clause. By using such a clause, the parties agree to arbitrate any future disputes. Therefore, Consultant shall review the construction contract prior to bidding to ensure that such provision has been included in the draft of the bid documents. Yet, there is an agreement if a contract is only voidable due to fraud in the execution.