05 · Arbitration & Mediation
Arbitration and mediation: resolving disputes outside the courtroom.
We represent clients in AAA, JAMS, and other private arbitrations and at mediation, and advise on arbitration clauses before a dispute begins. We represent clients in arbitrations and mediations held in Los Angeles and elsewhere in California, in person or by video.
What we handle
- Arbitrations under AAA, JAMS, and other private rules, from demand to award
- Petitions to compel arbitration and to confirm, correct, or vacate awards
- Mediation preparation, briefs, and settlement agreements
- Drafting and reviewing arbitration and dispute-resolution clauses
Common questions
Is what I say at mediation confidential?
Generally, yes. What is said and written for a mediation is confidential and cannot be used as evidence or obtained in discovery in a later civil case (Evid. Code § 1119). Before you agree to mediate, California requires your lawyer to give you a one-page written disclosure of these rules and have you sign it (Evid. Code § 1129), and we do.
Can an arbitration award be challenged?
Only on narrow grounds, such as fraud or corruption, an arbitrator's undisclosed conflict, or arbitrators exceeding their powers (Code Civ. Proc. § 1286.2). A petition to vacate or correct an award generally must be served and filed within 100 days after the award is served (Code Civ. Proc. § 1288).
Is arbitration faster than court?
Often, but not always. Arbitration usually means less discovery and very limited appeals, and arbitrator fees can be significant. In employment and consumer arbitrations, the business that required arbitration must pay the arbitration fees on time, and an unexcused late payment can cost it the right to arbitrate (Code Civ. Proc. §§ 1281.97–1281.98). We review the clause and the dispute before recommending either path.
These answers summarize California law. They are general information, not advice for your situation.
Related briefings
Headed to arbitration or mediation?
Tell us briefly what you need. The first conversation, up to 30 minutes, is free. Please do not send confidential or time-sensitive information through the form.