The decision is non-binding. The form of arbitration under the Texas ADR is non-binding unless the parties agree otherwise. Often a single arbitrator is used. This procedure under the ADR Act should not be confused with an arbitration under an arbitration clause found in a contract. The ADR procedures discussed here occur in the context of a court-filed lawsuit.
Discovery is available, as is a jury if no agreement is reached.
Some arbitration clauses in contracts are not so friendly. Discovery may be limited, rules of evidence may not apply, appeal is often illusory and there is not threat of a jury trial to keep everyone honest. In summary, ADR is an effective way to resolve disputes, assuming both sides can enter into it with the knowledge that a jury trial, with all its uncertainties for both the plaintiff and the defendant, awaits them if no settlement can be reached.