(a) Representation by counsel A party to the arbitration has a right to be represented by an attorney at any proceeding or hearing in arbitration, but this right may be waived. A waiver of this right may be revoked, but if revoked, the other party is entitled to a reasonable continuance for the purpose of obtaining counsel. (Subd (a) amended effective January 1, 2004.)
Rule 3.821.Representation by counsel; proceedings when party absent
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceThis rule guarantees every party the right to bring a lawyer to an arbitration proceeding, allows the arbitration to go forward when a party skips a hearing after proper notice, and requires the arbitrator to make the plaintiff prove the case with evidence before awarding anything against a defaulting defendant.
Full Text of Rule 3.821
(b) Proceedings when party absent The arbitration may proceed in the absence of any party who, after due notice, fails to be present and to obtain a continuance. An award must not be based solely on the absence of a party. In the event of a default by defendant, the arbitrator must require the plaintiff to submit such evidence as may be appropriate for the making of an award. (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)
Plain-English Summary
Rule 3.821 protects two things: a party’s access to counsel and the fairness of a hearing when someone does not show up. On representation, every party can bring an attorney to any arbitration proceeding, though that right can be waived. If a waiver is later revoked, the other side gets a reasonable continuance so the newly represented party has time to find and work with counsel.
On absence, the rule lets the arbitration proceed without a party who was properly notified but does not appear and does not get a continuance. That flexibility has a limit built in: the arbitrator cannot base an award solely on the fact that someone was absent. When a defendant defaults, the arbitrator still has to require the plaintiff to put on evidence supporting whatever award is entered, so a default does not translate into an award without any factual basis behind it.
Frequently Asked Questions
Can a party have a lawyer at the arbitration hearing?
Yes. Every party has a right to be represented by an attorney at any arbitration proceeding or hearing, though the right can be waived.
What happens if a party changes its mind after waiving the right to counsel?
A waiver can be revoked. If it is, the other party gets a reasonable continuance so counsel can be obtained before the proceeding continues.
What happens if a party doesn’t show up to the arbitration hearing?
The hearing can proceed without that party if they had due notice and failed to appear or obtain a continuance, but the arbitrator cannot base the award solely on the party’s absence.
If the defendant defaults, does the plaintiff automatically win the arbitration?
No. The arbitrator must still require the plaintiff to submit evidence supporting the award, so a defendant’s default doesn’t excuse the plaintiff from proving the case.
Amendment History
Rule 3.821 amended and renumbered effective January 1, 2007; adopted as rule 1610 effective July 1, 1976; previously amended and renumbered as rule 1611 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: right to attorney at arbitration hearingparty absent from arbitration hearingdefault judgment judicial arbitrationwaiving right to counsel arbitration