Alternative Dispute Resolution
Aug. 6, 2026
Revisiting familiar assumptions about California arbitration
California courts and legislation have narrowed several long-held assumptions about arbitration--including its confidentiality, limited discovery and enforceability of procedural restrictions--making careful drafting more important than ever.
California arbitration law has evolved considerably over the past several years. Legislative reforms have altered certain aspects of arbitration practice, while courts have continued to define the limits of what parties may accomplish through arbitration agreements. Those developments are a useful reminder that arbitration is more nuanced than many assume.
Arbitration is often described in broad terms. It is confidential. Discovery is limited. The partie...
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