Judicial Reference vs. Arbitration in California: Key Differences for Dispute Resolution Clauses
Judicial reference combines many of arbitration’s advantages—party-selected neutrals and streamlined procedures—with the protections of court litigation, including discovery, evidentiary rules, dispositive motions, and appellate review.
Most practitioners are well aware of the advantages arbitration may offer over court litigation for many disputes. California law provides another mechanism: judicial reference under section 638 of the California Code of Civil Procedure (CCP). Through judicial reference, parties may obtain some of the benefits commonly associated with arbitration, including the ability to choose a neutral and tailor proceedings for efficiency, while preserving court-based procedures such as discovery, dispositive motions, the application of law and evidentiary rules, and appellate review. I have represented clients in both types of proceedings and each has distinct advantages.
Note that this article concerns a general, voluntary reference under CCP section 638. Involuntary references, such as the appointment of a discovery referee, are beyond the scope of this article.
Full article below:
Most practitioners are well aware of the advantages arbitration may offer over court litigation for many disputes. California law provides another mechanism: judicial reference under section 638 of the California Code of Civil Procedure (CCP). Through judicial reference, parties may obtain some of the benefits commonly associated with arbitration, including the ability to choose a neutral and tailor proceedings for efficiency, while preserving court-based procedures such as discovery, dispositive motions, the application of law and evidentiary rules, and appellate review. I have represented clients in both types of proceedings and each has distinct advantages.
Note that this article concerns a general, voluntary reference under CCP section 638. Involuntary references, such as the appointment of a discovery referee, are beyond the scope of this article.
Full article below:
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