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Since mediation is non-binding, there are times when the parties decide not to settle. Or they resolve only part of the case in mediation by narrowing some of the issues. In those instances, claimants maintain their right to: file an arbitration claim, proceed with an existing arbitration case or reinstate a suspended arbitration case.

Regardless of whether the parties agree to settle, feedback from users of FINRA's mediation forum indicates that their mediation experience has prepared them to pursue or continue in arbitration because they have a better understanding of their case.