(a) Creation of panels Every court must have a panel of arbitrators for personal injury cases, and such additional panels as the presiding judge may, from time to time, determine are needed. (Subd (a) amended effective January 1, 2004; previously amended effective July 1, 1979, and July 1, 2001.)
Rule 3.814.Panels of arbitrators
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.814 requires every court to maintain a personal injury arbitration panel and any additional panels the presiding judge finds necessary, sets who qualifies to serve as an arbitrator, and describes how panel members are appointed, balanced between plaintiff and defense practitioners, and made public.
Full Text of Rule 3.814
(b) Composition of panels The panels of arbitrators must be composed of active or inactive members of the State Bar, retired court commissioners who were licensed to practice law before their appointment as commissioners, and retired judges. A former California judicial officer is not eligible for the panel of arbitrators unless he or she is an active or inactive member of the State Bar. (Subd (b) amended effective January 1, 2007; previously amended effective July 1, 1979, January 1, 1996, July 1, 2001, and January 1, 2004.)
(c) Responsibilities of ADR committee The ADR committee is responsible for determining the size and composition of each panel of arbitrators. The personal injury panel, to the extent feasible, must contain an equal number of those who usually represent plaintiffs and those who usually represent defendants. (Subd (c) amended effective January 1, 2004; previously amended effective July 1, 2001.)
(d) Service on panel Each person appointed serves as a member of a panel of arbitrators at the pleasure of the ADR committee. A person may be on arbitration panels in more than one county. An appointment to a panel is effective when the person appointed:
(1) Agrees to serve;
(2) Certifies that he or she is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and these rules; and
(3) Files an oath or affirmation to justly try all matters submitted to him or her. (Subd (d) amended effective January 1, 2004; previously amended effective January 1, 1996, and July 1, 2001.)
(e) Panel lists Lists showing the names of panel arbitrators available to hear cases must be available for public inspection in the ADR administrator’s office. (Subd (e) amended effective January 1, 2007; previously amended effective July 1, 2001, and January 1, 2004.)
Plain-English Summary
Every California court has to keep a panel of arbitrators ready for personal injury cases, and the presiding judge can add more panels for other case types as the need arises. Not everyone qualifies to serve: panel members must be active or inactive State Bar members, retired court commissioners who held a law license before their appointment as commissioners, or retired judges. A former California judicial officer who is not currently an active or inactive Bar member cannot sit on a panel, which closes off service by someone who left the bench and let bar membership lapse.
The ADR committee decides how big each panel is and who is on it, and for the personal injury panel in particular, the rule pushes for balance — an equal number of attorneys who usually represent plaintiffs and attorneys who usually represent defendants, to the extent that is feasible. An appointment does not take effect the moment someone is asked; it becomes effective only once that person agrees to serve, certifies awareness of and compliance with canon 6 of the Code of Judicial Ethics and these rules, and files an oath or affirmation to try all matters justly. Members serve at the ADR committee’s pleasure and can sit on panels in more than one county at the same time.
Anyone can check who is eligible: the lists of panel arbitrators must be available for public inspection at the ADR administrator’s office.
Frequently Asked Questions
Does every California superior court have to maintain an arbitrator panel?
Yes, at minimum a panel for personal injury cases. The presiding judge can create additional panels as needed.
Who is eligible to serve as a judicial arbitrator?
Active or inactive State Bar members, retired court commissioners who were licensed to practice law before becoming commissioners, and retired judges — though a former judicial officer must still be an active or inactive Bar member to qualify.
Does the personal injury arbitration panel have to be balanced between plaintiff and defense attorneys?
Yes, to the extent feasible, the rule calls for an equal number of attorneys who usually represent plaintiffs and those who usually represent defendants.
What does an arbitrator have to do before an appointment to a panel takes effect?
Agree to serve, certify awareness of and compliance with canon 6 of the Code of Judicial Ethics and these rules, and file an oath or affirmation to try all matters justly.
Can I find out who is on my court’s arbitration panel?
Yes. Lists of panel arbitrators must be available for public inspection in the ADR administrator’s office.
Amendment History
Rule 3.814 amended and renumbered effective January 1, 2007; adopted as rule 1604 effective July 1, 1976; previously amended effective July 1, 1979, January 1, 1996, July 1, 2001, and January 1, 2004.
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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