(a) Arbitrators shall be retired judges, retired court commissioners who were licensed to practice law prior to their appointment as a commissioner, or members of the State Bar, and shall sit individually. A judge may also serve as an arbitrator without compensation. People who are not attorneys may serve as arbitrators upon the stipulation of all parties.
§ 1141.18.Who May Serve As Arbitrators; Compensation; Assignment of Arbitrator; Disqualification
Title 3. Of Summary Proceedings · Chapter 2.5. Judicial Arbitration · Last amended 2004 · Last verified July 29, 2026
In one sentenceSection 1141.18 requires arbitrators to be retired judges, retired court commissioners who were licensed attorneys before their appointment, or State Bar members, with non-attorneys allowed only by stipulation, sets minimum compensation of $150 per case or per day, requires an arbitrator be assigned within 30 days of submission, and allows disqualification under the same standards used for judges.
Full Text of § 1141.18
(b) The Judicial Council rules shall provide for the compensation, if any, of arbitrators. Compensation for arbitrators may not be less than one hundred fifty dollars ($150) per case, or one hundred fifty dollars ($150) per day, whichever is greater. A superior court may set a higher level of compensation for that court. Arbitrators may waive compensation in whole or in part. No compensation shall be paid before the filing of the award by the arbitrator, or before the settlement of the case by the parties.
(d) Any party may request the disqualification of the arbitrator selected for his or her case on the grounds and by the procedures specified in Section 170.1 or 170.6. A request for disqualification of an arbitrator on grounds specified in Section 170.6 shall be made within five days of the naming of the arbitrator. An arbitrator shall disqualify himself or herself, upon demand of any party to the arbitration made before the conclusion of the arbitration proceedings on any of the grounds specified in Section 170.1.
Plain-English Summary
This section builds the roster of who can serve as a judicial arbitrator and what they're paid. Subdivision (a) limits the pool to retired judges, retired court commissioners who held a law license before becoming a commissioner, and members of the State Bar, each sitting alone rather than on a panel. A sitting judge can arbitrate too, but only without compensation, and non-attorneys can serve only if every party stipulates to it.
Subdivision (b) sets a compensation floor of $150 per case or $150 per day, whichever is more, though individual courts can set higher rates and arbitrators are always free to waive compensation in whole or in part. No compensation is paid until the arbitrator files the award, or the parties settle the case beforehand.
Subdivision (c) requires an arbitrator to be assigned within 30 days of submission for cases arbitrated under § 1141.11 or § 1141.12, keeping the process from stalling before it starts. And subdivision (d) borrows the judicial-disqualification framework wholesale — a party can seek an arbitrator's disqualification under the same grounds and procedures as §§ 170.1 and 170.6, with a five-day deadline for the peremptory-style challenge under § 170.6, while an arbitrator must self-disqualify on any § 170.1 ground raised before the arbitration concludes.
Frequently Asked Questions
Who can serve as a judicial arbitrator in California?
Retired judges, retired court commissioners who were licensed attorneys before becoming a commissioner, or members of the State Bar, sitting individually. Non-attorneys may serve only if all parties stipulate.
How much are arbitrators paid?
At least $150 per case or $150 per day, whichever is greater, though a court may set a higher rate and arbitrators may waive compensation.
When is an arbitrator paid?
Not before the arbitrator files the award, or before the parties settle the case, whichever happens first.
How quickly must an arbitrator be assigned after a case is submitted?
Can a party remove an arbitrator they believe is biased?
Amendment History
Amended by Stats 2003 ch 449 (AB 1712),s 13, 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
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