(a) The Legislature finds and declares that litigation involving small civil cases can be so costly and complex that efficiently resolving these civil cases is difficult, and that the resulting delays and expenses may deny parties their right to a timely resolution of minor civil disputes. The Legislature further finds and declares that arbitration has proven to be an efficient and equitable method for resolving small civil cases, and that courts should encourage or require the use of arbitration for those actions whenever possible.
§ 1141.10.Legislative Findings and Declaration; Legislative Intent
Title 3. Of Summary Proceedings · Chapter 2.5. Judicial Arbitration · Last amended 2004 · Last verified July 29, 2026
In one sentenceSection 1141.10 sets out the Legislature's findings that small civil cases can become too costly and complex to resolve efficiently, and its intent that judicial arbitration under this chapter provide a simplified, economical, informal process in which volunteer State Bar members with relevant experience help parties reach a prompt resolution.
Full Text of § 1141.10
(b) It is the intent of the Legislature that:
(1) Arbitration hearings held pursuant to this chapter shall provide parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes.
(2) Arbitration hearings shall be as informal as possible and shall provide the parties themselves maximum opportunity to participate directly in the resolution of their disputes, and shall be held during nonjudicial hours whenever possible.
(3) Members of the State Bar selected to serve as arbitrators should have experience with cases of the type under dispute and are urged to volunteer their services without compensation whenever possible.
Plain-English Summary
This section is the chapter's mission statement. The Legislature found that small civil cases can get bogged down in costs and complexity out of proportion to what's at stake, denying parties a timely resolution of what are often minor disputes. Its answer: arbitration, which the Legislature found to be an efficient, equitable way to resolve these cases, with courts encouraged or required to use it wherever possible.
Subdivision (b) translates that finding into three specific goals. Arbitration hearings under this chapter are meant to be simplified and economical, giving parties a prompt and equitable way to resolve disputes. They're meant to be as informal as possible, held during nonjudicial hours when practical, so the parties themselves can participate directly rather than watching lawyers argue procedure. And the State Bar members who serve as arbitrators should have real experience with the type of case in front of them, with volunteering their time, rather than charging for it, encouraged wherever possible.
None of this creates enforceable rights on its own — it's a statement of purpose that the rest of the chapter, §§ 1141.11 through 1141.31, puts into operation.
Frequently Asked Questions
Why did California create a mandatory judicial arbitration program?
The Legislature found that litigating small civil cases can be so costly and complex that resolving them efficiently is difficult, and concluded that arbitration is an efficient, equitable alternative.
Is judicial arbitration meant to be formal, like a trial?
No. Section 1141.10(b) states the Legislature's intent that hearings be as informal as possible and give parties maximum opportunity to participate directly.
Are arbitrators expected to be paid for their time?
Not necessarily. The statute encourages State Bar members with relevant case experience to volunteer their services without compensation whenever possible, though § 1141.18 sets minimum compensation when it is paid.
Amendment History
Amended by Stats 2003 ch 449 (AB 1712),s 9, eff. 1/1/2004.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: judicial arbitration california purposelegislative intent judicial arbitration california