Legal Question in Civil Litigation in California

Re: What does it mean when a case is ordered to arbitration

A court-ordered Arbitration means that the court is sending the matter out to an arbitrator who will hear all sides and render an "award" on the case. Generally, it is NOT binding on any party. After an Award is issued, any party can reject it by filing a specific document with the court. It is not appealing the award, but it lets the court know that you are not accepting it. Remember that the courts are very busy and arbitration is a good process to determine the facts and merit of a case. The parties and arbitrator can agree to make the arbitration a "mediation" and this may help settle the various issue. Please contact me with any further questions (I have done 100+ arbitrations/mediations).....thanks for your questions and good luck!

Re: What does it mean when a case is ordered to arbitration

I agree with the good explanation the previous answer gives, and would just add that to have a case "thrown out of court," the court has to rule on something you've filed asking it to throw out the case, like a motion for summary judgment. This may or may not have been done in your case, and if it has been done, perhaps the hearing hasn't been held on it yet. Discuss it with your attorney--you'll still need to do the arbitration, and most courts are reluctant to dispose of a case before trial, hoping instead the parties will work out a solution.

Re: What does it mean when a case is ordered to arbitration

Arbitration is a form of alternate dispute resolution - a way for the case to settle prior to trial. Arbitration is alike a mini trial. You can bring witnesses and evidence. At the end of the proceeding, the arbitrator makes a decision which can be binding or non-binding. You'll need to find out whether your arbitration was designated as binding or not. The party who loses at arbitration can file for trial de novo, so even if you win, your case may continue. Arbitration is not a way to get your case thrown out. There are, however, other ways to have a case thrown out - motion for summary judgment - and you should seek the advise of counsel to see if this is appropriate in your case. Good luck.

Re: What does it mean when a case is ordered to arbitration

Arbitration is a non-binding attempt to settle the case. Either side can reject the arbitration award and go forward with their case.