(a) Disclosure of settlement offers prohibited No disclosure of any offers of settlement made by any party may be made to the arbitrator prior to the filing of the award. (Subd (a) amended and relettered effective January 1, 2004; adopted as part of unlettered subd.)
Rule 3.820.Communication with the arbitrator
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceThis rule keeps settlement offers away from the arbitrator until after the award is filed and forbids ex parte contact about the case, except for routine scheduling matters disclosed to every party or communications the law specifically allows.
Full Text of Rule 3.820
(b) Ex parte communication prohibited An arbitrator must not initiate, permit, or consider any ex parte communications or consider other communications made to the arbitrator outside the presence of all of the parties concerning a pending arbitration, except as follows:
(1) An arbitrator may communicate with a party in the absence of other parties about administrative matters, such as setting the time and place of hearings or making other arrangements for the conduct of the proceedings, as long as the arbitrator reasonably believes that the communication will not result in a procedural or tactical advantage for any party. When such a discussion occurs, the arbitrator must promptly inform the other parties of the communication and must give the other parties an opportunity to respond before making any final determination concerning the matter discussed.
(2) An arbitrator may initiate or consider any ex parte communication when expressly authorized by law to do so. (Subd (b) amended effective January 1, 2007; adopted as part of unlettered subd; previously amended and lettered effective January 1, 2004.)
Plain-English Summary
Rule 3.820 protects the arbitrator’s independence in two ways. First, no one may tell the arbitrator about settlement offers before the award is filed, which keeps negotiating positions from coloring the arbitrator’s judgment on the merits. Second, the arbitrator cannot initiate, allow, or weigh any communication about the pending case that happens outside the presence of every party.
There are two narrow exceptions. An arbitrator can talk with one party alone about purely administrative matters, such as setting a hearing time, but only if the arbitrator reasonably believes doing so gives no party a procedural or tactical edge — and even then, the arbitrator has to promptly tell the other parties about the conversation and let them respond before deciding anything that came up in it. The other exception applies when some other law expressly authorizes an ex parte communication, which the arbitrator may then initiate or consider.
Frequently Asked Questions
Can a party tell the arbitrator what settlement offers have been made?
No. Settlement offers cannot be disclosed to the arbitrator before the award is filed.
Can a party call the arbitrator alone to discuss the case?
Only about administrative matters, like scheduling, and only if the arbitrator reasonably believes it won’t give any party a procedural or tactical advantage. The arbitrator then has to tell the other parties about the conversation and give them a chance to respond before deciding anything discussed.
Are there any communications with the arbitrator that don’t require every party present?
Yes, communications that some other law expressly authorizes as ex parte, and administrative scheduling matters handled under the rule’s limited exception.
Why does the rule single out settlement offers for special treatment?
Disclosing settlement positions to the arbitrator before an award is filed risks influencing the arbitrator’s assessment of the case’s merits, so the rule keeps that information out of the arbitrator’s hands until the decision is made.
Amendment History
Rule 3.820 amended and renumbered effective January 1, 2007; adopted as rule 1609 effective July 1, 1976; previously amended and renumbered as rule 1610 effective 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
Also known as: ex parte communication with arbitratorcan you tell arbitrator about settlement offerarbitrator scheduling communication rulesimproper contact with judicial arbitrator