§ 1141.12.Uniform System Provided By Rule
Title 3. Of Summary Proceedings · Chapter 2.5. Judicial Arbitration · Last amended 2004 · Last verified July 29, 2026
Full Text of § 1141.12
Plain-English Summary
Beyond the cases § 1141.11 sends to arbitration automatically, this section opens two voluntary doors. Subdivision (a) lets parties to any cause — no matter how much money is at stake — stipulate to arbitrate it under this chapter's uniform system.
Subdivision (b) gives the plaintiff a one-sided option: by filing an election, a plaintiff can send a case to arbitration by agreeing that the arbitration award won't exceed the amount-in-controversy figure specified in § 1141.11, effectively capping the award in exchange for access to the faster, more informal process.
Either path plugs into the same uniform system the Judicial Council builds by rule — the same arbitrators, the same award and de novo trial machinery that governs cases sent to arbitration involuntarily under § 1141.11.
Frequently Asked Questions
Can parties agree to judicial arbitration even if the amount in controversy is large?
Yes. Section 1141.12(a) lets parties stipulate to arbitration under this chapter regardless of the amount in controversy.
How does a plaintiff elect arbitration without the defendant's agreement?
By filing an election agreeing that the arbitration award will not exceed the amount-in-controversy threshold set in § 1141.11.
Does electing or stipulating to arbitration change how the case is arbitrated?
No. Both paths use the same uniform arbitration system the Judicial Council establishes by rule for cases sent to arbitration under § 1141.11.
Amendment History
Amended by Stats 2003 ch 449 (AB 1712),s 11, eff. 1/1/2004. Amended by Stats 2002 ch 784 (SB 1316),s 79, eff. 1/1/2003.