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ARBITRATION

An alternative dispute resolution method mentioned in the carve-out statutes in the Labor Code (§3201.5 and LC §3201.7), mediation is also used to resolve disputes in cases filed with the Workers' Compensation Appeals Board.

"In workers’ compensation cases, we have separate arbitration and mediation proceedings. Arbitrations are mostly mandatory by statute...but mediations involve voluntary participation by parties. Arbitrations are formal evidentiary hearings. Arbitrations require formally offering and receiving items into evidence with the result of a final written decision called an “Arbitrator’s Findings and Award.” Rassp article, below.

Arbitration is mandatory for some disputes: (1) Insurance coverage. (2) Right of contribution in accordance with Section 5500.5.
and voluntary for others: any issue arising under Division 1 (commencing with Section 50) or Division 4 (commencing with Section
3200) may be submitted for arbitration, regardless of the date of injury. See LC §5275

See, too, Mediation.

Label Item Links Comments
Labor Code Construction industry LC §3201.5   
  All other industries (including The State of California). LC §3201.7  
  Provisions relating to arbitration (these do not apply to  LC §3201.5 or to LC §3201.7), the powers of arbitrators, etc. LC §§5270-5278
Regulations/Rules Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 8 CCR  
   § 10295. Mandatory Arbitration.
 § 10296. Voluntary Arbitration.
 § 10297. Arbitration Submittal Form.
8 CCR §10295
8 CCR §10296
8 CCR §10297
Websites    
Practice Tips See Rassp article below. Consider using an arbitrator to approve settlements.    
Articles Everything You Always Wanted to Know About Arbitrations and Are Afraid to Ask by Robert G. Rassp, Esq. Everything About Arbitration
Roundtable    
Miscellaneous      

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