§ 1282.2.Hearing

Like the section before it, this one only applies when the arbitration agreement and the parties' own arrangements do not say otherwise. The baseline notice rule is simple: the neutral arbitrator sets a time and place for the hearing and serves notice, personally or by registered or certified mail, at least seven days beforehand. Showing up at the hearing waives any objection to that notice.

A second, more demanding track kicks in when the amount in controversy exceeds fifty thousand dollars and a party tells the arbitrator so in writing before the hearing is set -- unless the dispute involves a collective-bargaining agreement, falls within Section 1283.05, involves personal injury or death, or the parties' own agreement says something different. In that expanded track, the arbitrator must give at least 60 days' notice of the hearing, and either party can then demand, within 15 days of that notice, a list of the other side's witnesses (with experts identified) and documents, due back 15 days later, with listed documents open for inspection and copying beforehand. The parties can waive these timelines by mutual agreement if the arbitrator approves, an unlisted witness or document is not automatically barred if good cause for the omission is shown, and the arbitrator enforces this whole exchange with the same authority given for discovery enforcement under Section 1283.05.

The rest of the section rounds out the hearing itself. The arbitrator can adjourn as needed and can postpone the hearing, on a party's showing of good cause or on the arbitrator's own initiative, up to the date fixed for the award or later if the parties consent. The neutral arbitrator presides, rules on evidence and procedure, and runs the hearing generally; the parties get to be heard, present evidence, and cross-examine witnesses, though formal rules of evidence and judicial procedure do not apply, and testimony is given under oath if any party asks. If a court has ordered a party to arbitrate and that party, though properly notified, does not show up, the arbitrators can still decide the case on the evidence presented. If an arbitrator who was duly notified fails to participate for any reason, the arbitration continues, but only the remaining neutral arbitrator or arbitrators can make the award. And if a neutral arbitrator plans to rely on information gathered outside the hearing, that information has to be disclosed to all parties, with a chance to respond to it.