It has become a trend in many circuit courts to order cases to nonbinding arbitration, either in place of mediation or after a case reaches an impasse at mediation. Some courts use nonbinding arbitration regularly to encourage settlement and clear their dockets. Other courts use this form of alternate dispute resolution more sparingly, reserving it for dysfunctional cases wherein the lawyers are not communicating well and the case is proceeding behind the case management deadlines. Regardless of why the case gets referred to nonbinding arbitration, the referral adds an additional layer of preparation and expense to the litigation process. As such, it makes sense for lawyers to use this opportunity to develop the strengths and weaknesses of their case and posture it for resolution.