A single arbitrator serves without compensation. If either party rejects the arbitrator's nonbinding award, the case returns to the litigation track without penalty. Number of cases. Between January and September 1994, nine cases were referred to arbitration. Case selection Eligibility of cases.
All civil cases are eligible for referral to arbitration at the discretion of the assigned judge.
No cases are excluded, but as a practical matter, prisoner cases and Social Security cases are not referred to arbitration. Cases may be referred to arbitration with or without the consent of the parties. The standard for referral is whether the judge believes arbitration might result in cost-effective resolution of the lawsuit. Referral is discussed at the mandatory ENE conference held in each case, and an order of referral is entered. Opt-out or removal.