Alternative Dispute Resolution
Jun. 5, 2026
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 d...
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