Arbitration Is Meant To Be Expeditious, But Is It Really?

Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly.

As a preliminary matter, an arbitration agreement is a contract, generally governed by contract law and any applicable statutory authority. Arbitration "is a process in which parties voluntarily trade the safeguards and formalities of court litigation for an expeditious, sometimes roughshod means of resolving their dispute." Vandenberg v. Superior Court (1999) 21 Cal.4th 815, 831. There is a strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution. "Limiting discovery "is one important component of the 'simplicity, informality, and expedition of arbitration'" Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4^th 83, 106, fn. 11 ("Armendariz").