Arbitration is a mandatory but non-binding informal hearing where a neutral arbitrator, or panel of arbitrators, is selected to hear the evidence in your case. Most states permit a lawyer to include in a retainer agreement with a client a provision that requires the binding arbitration of malpractice claims.A high proportion of civil cases settle,1 but a sealed settlement agreement is filed in less than one-half of one percent of civil cases. Contract law in the patient's state. 3601 Notice of Rejection of Award. The Employer shall inform new, transferred, promoted or demoted employees in the bargaining unit that the Union is the exclusive representative.