Goal of the Program
The goal of the mandatory arbitration program is to provide litigants
who have a civil case, other than an appeal from a court of limited
jurisdiction, a simplified and economical procedure for obtaining
the prompt and equitable resolution of disputes that have been filed
in Superior Court.
When Mandatory Arbitration is Used
Some cases go to mandatory arbitration even if none of the parties
want it. In some instances the cases are put into mandatory arbitration
because one party asked the judge to have arbitration instead of
a trial. In other instances the case is arbitrated by agreement
(stipulation) of the parties. In cases where the parties have not
agreed otherwise the remedy is limited to a capped financial award.
Who Decides if Mandatory Arbitration is Appropriate?
A judge must approve mandatory arbitration as a method to resolve
the dispute before the Court. After the judge has approved arbitration
the parties select an arbitrator by agreement or through a selection
process administered by the court. Note: Don't include a
requirement in a private contract that the court's mandatory arbitration
program is to be utilized. The program is only available, in certain
circumstances, for cases on file with the Court.
The program eligibility and process is defined
by reading both the
State Superior Court Mandatory Arbitration Rules, and
our local rules.