These rules do not prohibit the parties to any civil case or proceeding from entering into arbitration agreements under part 3, title 9 of the Code of Civil Procedure. Neither the ADR committee nor the ADR administrator may take any part in the conduct of an arbitration under an agreement not in conformity with these rules except that the administrator may, upon joint request of the parties, furnish the parties to the agreement with a randomly selected list of at least three names of members of the appropriate panel of arbitrators.
Rule 3.830.Arbitration not pursuant to rules
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceThis rule confirms that parties remain free to arbitrate under a private contractual arbitration agreement instead of these judicial arbitration rules, while limiting the ADR administrator’s and committee’s role in that separate process to furnishing a random list of panel arbitrator names on joint request.
Full Text of Rule 3.830
Plain-English Summary
Rule 3.830 draws a boundary between two different kinds of arbitration that can exist side by side. Nothing about the judicial arbitration program stops parties in any civil case from entering into their own arbitration agreement under the Code of Civil Procedure’s general arbitration provisions — the kind of private, contract-based arbitration that operates independently of the court’s arbitration panel and program.
When parties go that route instead of using these rules, the court’s ADR committee and ADR administrator stay out of it. Neither may take part in running an arbitration under an agreement that does not conform to these rules. The rule allows one narrow exception: if the parties to that private agreement jointly ask, the administrator can hand them a randomly selected list of at least three names from the appropriate panel of arbitrators, giving them a pool to choose from without otherwise administering their private proceeding.
Frequently Asked Questions
Can parties arbitrate a civil case privately instead of using the court’s judicial arbitration program?
Yes. These rules do not stop parties from entering into their own arbitration agreements under the Code of Civil Procedure’s general arbitration provisions.
Does the court’s ADR administrator help run a private arbitration under a separate agreement?
No, not generally. The ADR committee and administrator may not take part in conducting an arbitration under an agreement that doesn’t conform to these rules.
Is there any way the administrator can still assist parties in a private arbitration?
Yes, one narrow way: on the parties’ joint request, the administrator may furnish a randomly selected list of at least three names from the appropriate panel of arbitrators.
Amendment History
Rule 3.830 amended and renumbered effective January 1, 2007; adopted as rule 1617 effective July 1, 1976; previously amended 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
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