Judicial arbitration is a binding or non-binding process where an arbitrator applies the law to the facts of the case and issues an award. Arbitration is a binding or non-binding process where an arbitrator, rather than a judge or jury, applies the law to the facts of the case and issues an award.Arbitration is potentially a partycrafted dispute resolution process, affording great flexibility in that regard. An arbitration clause is a provision in a contract that requires the parties to resolve any disputes through arbitration instead of going to court. Arbitration is the most traditional form of private dispute resolution. Arbitration is a binding procedure. And it is indeed quite different from the judicial setting of a court of law. Both parties essentially agree to settle disputes out-of-court with an arbitrator. Indeed, many arbitrations are meant to be "binding. Hoge Law Firm can place you in touch with the right San Diego attorney for your case.