Arbitration
Arbitration is a private process in which one arbitrator or a panel decides the dispute instead of a judge or jury. It is usually governed by the contract, the provider's rules (for example the AAA Commercial Arbitration Rules or the JAMS Comprehensive Arbitration Rules), the California Arbitration Act, and sometimes the Federal Arbitration Act.
- Filing. A demand is filed with the provider, and filing fees are paid.
- Selecting the arbitrator. Parties choose from lists or by agreement, and arbitrators must make disclosures.
- Exchange of information. Discovery is usually narrower than in court and set by the arbitrator.
- Hearing. Witnesses testify and exhibits are presented, much like a bench trial.
- Award. The award is generally final, with very limited grounds to vacate it. It can be confirmed as a court judgment and enforced.
Mediation
A mediator helps the parties negotiate but cannot impose a result. Mediation communications are generally confidential under the California Evidence Code. Good preparation, including a clear mediation brief and a realistic analysis of risks and costs, makes a resolution more likely.
Arbitration clause review
Before you sign, consider whether arbitration suits your business: the forum, the provider and rules, the number of arbitrators, fee allocation, discovery limits, confidentiality, and carve-outs for injunctive relief or collections. See contract drafting and review.
General information about California law, not legal advice for your situation. Deadlines and outcomes depend on the facts and the documents. Past results do not guarantee or predict a similar outcome.