How do I start an arbitration process?

There are a number of companies specializing in arbitration. One is JAMS. They have offices in San Diego and cases can be heard by retired Superior Court judges or attorneys based on an hourly fee. The other is the American Arbitration Association which has mostly practicing attorneys. Both organizations have legal personnel who specialize in certain areas of the law. I am giving you links to both their websites. There are also many other groups that do arbitration. You can check your local courthouse for referrals.
You may want to contact an attorney who knows your area of need and is familiar with arbitration.

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To avoid the expense and delays of litigation, many contracts require that the parties arbitrate any dispute.

1
Determine the arbitrator

To find a suitable arbitrator, look for someone with experience with the subject-matter of your dispute. For example, if the issue concerns a home construction project you should contact someone that has done arbitration that is familiar with building and home construction. Select a few potential arbitrator names because you will need to reach agreement with your opponent concerning the person to conduct the hearing. You will also need to agree on the place of the arbitration hearing.

2
The arbitration hearing

At the hearing the arbitrator will open by outlining his or her function to the parties. Next, the side that initiated the proceedings will open by giving a summary of the argument and presenting their witnesses. The witnesses will give oral evidence and then will be cross-examined by the other side. Your opponent then has an opportunity to present the other side of the case. At any time, the arbitrator may ask the witnesses questions. The arbitrator will usually take the matter under advisement to make the decision after thinking about and considering the presentation done at the arbitration hearing.

3
Arbitrator powers

Unless the party opponents agree otherwise, the arbitrator may award any remedy just as if the dispute had gone to litigation.

4
Arbitrator decision appeals

An appeal of an arbitrator’s decision is generally limited to errors on points of law or failure to follow an agreed procedure.


Check with a lawyer in your locale to discuss more of the details specifically the California Code of Civil Procedure.

Good luck to you.

God bless.

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