How is an arbitrator or mediator selected?
When an arbitration or mediation is used as a form of Alternative Dispute Resolution (ADR), the process of selecting an arbitrator or mediator must follow certain guidelines. In California, an arbitrator or mediator is usually selected by the parties involved. The parties can choose to agree on an arbitrator or mediator, or they may opt for the other party to make the selection. If the parties cannot agree on a selection, the California Judicial Council has developed a list of qualified arbitrators and mediators from which the parties can choose. The parties may also decide to make their own selection from another source. Once the selection has been made, the arbitrator or mediator selected will typically provide a written contract that outlines their roles and responsibilities in the arbitration or mediation process. This agreement ensures that the process is fair and that all parties have the same rights and responsibilities. Once the arbitration or mediation is over, the parties may also be asked to sign a settlement agreement that details the terms of their dispute resolution. This document outlines the rights and obligations of each party, allowing them to move forward with the resolution of their dispute in an orderly manner. In conclusion, an arbitrator or mediator can be selected in the state of California by mutual agreement of the parties or from a list provided by the California Judicial Council. In addition, the parties must sign a contract and a settlement agreement outlining the terms of their dispute resolution.
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