In general, judicial arbitration involves the transfer of pending civil cases from the court to a volunteer attorney or panel of attorneys who determine the facts and the law according to relaxed rules of evidence and procedure. After reviewing six judicial arbitration plans, both voluntary and compulsory, the author concludes that there are strong measurable medications that judicial arbitration is faster and less expensive and is as fair as traditional civil litigation. The author argues that compulsory judicial arbitration is superior to the voluntary form and that California superior courts in the absence of legislation should adopt compulsory judicial arbitration by local rule.
R. J. Heher,
Compulsory Judicial Arbitration in California: Reducing the Delay and Expense of Resolving Uncomplicated Civil Disputes,
29 Hastings L.J. 475
Available at: https://repository.uchastings.edu/hastings_law_journal/vol29/iss3/2