Rule 3.815.Selection of the arbitrator

Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2016 · Last verified July 29, 2026

In one sentenceThis rule lays out three ways to pick a judicial arbitrator — by party stipulation, by a random-selection process the administrator runs, or under local court procedures — and tells the administrator what to do if an arbitrator declines to serve or the hearing does not happen on time.

Full Text of Rule 3.815

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Selection by stipulation By stipulation, the parties may select any person to serve as arbitrator. If the parties select a person who is not on the court’s arbitration panel to serve as the arbitrator, the stipulation will be effective only if:

(1) The selected person completes a written consent to serve and the oath required of panel arbitrators under these rules; and

(2) Both the consent and the oath are attached to the stipulation. A stipulation may specify the maximum amount of the arbitrator’s award. The stipulation to an arbitrator must be served and filed no later than 10 days after the case has been set for arbitration under rule 3.812. (Subd (a) amended effective January 1, 2007; adopted effective January 1, 2004.)

(b) Selection absent stipulation or local procedures If the arbitrator has not been selected by stipulation and the court has not adopted local rules or procedures for the selection of the arbitrator as permitted under (c), the arbitrator will be selected as follows:

(1) Within 15 days after a case is set for arbitration under rule 3.812, the administrator must determine the number of clearly adverse sides in the case; in the absence of a cross-complaint bringing in a new party, the administrator may assume there are two sides. A dispute as to the number or identity of sides must be decided by the presiding judge in the same manner as disputes in determining sides entitled to peremptory challenges of jurors.

(2) The administrator must select at random a number of names equal to the number of sides, plus one, and send the list of randomly selected names to counsel for the parties.

(3) Each side has 10 days from the date on which the list was sent to file a rejection, in writing, of no more than one name on the list; if there are two or more parties on a side, they must join in the rejection of a single name.

(4) Promptly on the expiration of the 10-day period, the administrator must appoint, at random, one of the persons on the list whose name was not rejected, if more than one name remains.

(5) The administrator must assign the case to the arbitrator appointed and must give notice of the appointment to the arbitrator and to all parties. (Subd (b) amended effective January 1, 2016; adopted as subd (a); previously amended and relettered as subd (b) effective January 1, 2004; previously amended effective July 1, 1979, January 1, 1982, January 1, 1984, and January 1, 2007.)

(c) Local selection procedures Instead of the procedure in (b), a court that has an arbitration program may, by local rule or by procedures adopted by its ADR committee, establish any fair method of selecting an arbitrator that:

(1) Affords each side an opportunity to challenge at least one listed arbitrator peremptorily; and

(2) Ensures that an arbitrator is appointed within 30 days from the submission of a case to arbitration. The local rule or procedure may require that all steps leading to the selection of the arbitrator take place during or immediately following the case management conference or review under the rules on case management in division 7 of this title at which the court determines the amount in controversy and the suitability of the case for arbitration. (Subd (c) amended effective January 1, 2007; adopted effective January 1, 2004.)

(d) Procedure if first arbitrator declines to serve If the first arbitrator selected declines to serve, the administrator must vacate the appointment of the arbitrator and may either:

(1) Return the case to the top of the arbitration hearing list, restore the arbitrator’s name to the list of those available for selection to hear cases, and appoint a new arbitrator; or

(2) Certify the case to the court. (Subd (d) amended and relettered effective January 1, 2004; adopted as subd (b); previously amended effective January 1, 1991, and January 1, 1994.)

(e) Procedure if second arbitrator declines to serve or hearing is not timely held If the second arbitrator selected declines to serve or if the arbitrator does not complete the hearing within 90 days after the date of the assignment of the case to him or her, including any time due to continuances granted under rule 3.818, the administrator must certify the case to the court. (Subd (e) amended effective January 1, 2007; adopted as subd (c); previously amended effective January 1, 1991; previously amended and relettered effective January 1, 2004.)

(f) Cases certified to court If a case is certified to the court under either (d) or (e), the court must hold a case management conference. If the inability to hold an arbitration hearing is due to the neglect or lack of cooperation of a party who elected or stipulated to arbitration, the court may set the case for trial and may make any other appropriate orders. In all other circumstances, the court may reassign the case to arbitration or make any other appropriate orders to expedite disposition of the case. (Subd (f) amended effective January 1, 2007; adopted as part of subd (c); previously amended and relettered as subd (f) effective January 1, 2004.)

End

Plain-English Summary

Rule 3.815 gives the parties the first shot at choosing their arbitrator. They can stipulate to anyone, including someone off the court’s panel, but if the arbitrator is not a panel member, the stipulation only counts once that person signs a written consent to serve and takes the panel arbitrator’s oath, with both papers attached to the stipulation and filed within ten days after the case is set for arbitration. The stipulation can also cap the size of the award, a detail parties sometimes use to limit their exposure before a hearing even happens.

When no stipulation exists and the local court has not built its own selection process, the rule supplies a default: the administrator figures out how many sides are in the case — two, unless a cross-complaint adds someone new — draws a random list of names one longer than the number of sides, and sends it to counsel. Each side gets ten days to strike one name from the list, and parties on the same side have to agree on a single strike, after which the administrator appoints one of the remaining names at random and assigns the case. Courts are also free to adopt their own local selection rules instead, as long as each side keeps at least one peremptory strike and an arbitrator gets appointed within thirty days.

The rule also handles arbitrators who fall through. If the first one selected backs out, the administrator either restarts the selection with a new name or sends the case to the court. If a second arbitrator also declines, or if ninety days pass from assignment without a completed hearing, the case goes to the court regardless. Once a case reaches the court this way, a case management conference follows; the court can set the case for trial if the delay traces back to a party’s own neglect, or send the case back into arbitration otherwise.

Frequently Asked Questions

Can the parties agree to use an arbitrator who isn’t on the court’s official panel?

Yes. Parties may stipulate to any person as arbitrator, but if that person is not on the court’s panel, the stipulation is only effective once the arbitrator signs a written consent to serve and the panel arbitrator’s oath, with both documents attached to the stipulation and filed within ten days after the case is set for arbitration.

What happens if no one stipulates to an arbitrator?

Absent a stipulation or local selection procedure, the administrator determines the number of sides in the case, sends counsel a randomly drawn list of names one longer than the number of sides, lets each side strike one name within ten days, and then appoints one of the remaining names at random.

Can a side reject more than one proposed arbitrator from the list?

No. Each side gets to reject only one name from the randomly selected list, and if more than one party shares a side, they must agree on a single name to reject together.

What happens if the arbitrator who is picked backs out before the hearing?

If the first arbitrator selected declines to serve, the administrator vacates that appointment and either restarts the selection process with a new arbitrator or certifies the case to the court. If a second arbitrator also declines, or the hearing is not completed within ninety days of assignment, the case goes to the court.

Can a stipulation limit how much an arbitrator can award?

Yes. A stipulation to an arbitrator may specify the maximum amount of the arbitrator’s award, giving the parties a way to cap their exposure in advance.

Amendment History

Rule 3.815 amended effective January 1, 2016; adopted as rule 1605 effective July 1, 1976; previously amended effective July 1, 1979, January 1, 1982; January 1, 1984, January 1, 1991, January 1, 1994, and January 1, 2004; previously amended and renumbered as rule 3.815 effective January 1, 2007.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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