Section 1236 - Selection of Arbitrator(a) Selection of Arbitrator by Mutual Agreement(1) Once the parties agree to arbitration they shall then confer to select a single arbitrator or, if the parties so agree, a panel of three arbitrators. Unless the parties agree otherwise, selection of the arbitrator(s) shall take place within 21 days of the agreement to arbitrate.(2) If the parties are unable to agree to a single arbitrator, then each party may agree to select one arbitrator and the selected arbitrators shall then select a third arbitrator who shall act as chair to the arbitration panel.(b) Selection of Arbitrator with the Assistance of the OAH(1) On occasion, parties may not be able to agree on a single arbitrator but may not wish a panel. In such a situation, each party may select 5 names either from the résumés on file with the OAH or from another source. If an arbitrator is chosen from another source, the party selecting that arbitrator shall provide OAH with a résumé of that arbitrator. Of the names submitted to the OAH by the parties, a complete list shall be compiled and sent to the parties by the OAH. Each party may strike 3 names and return the list to the OAH within 10 calendar days. If the OAH has not received notice within this period to strike names, the OAH will assume that all names are equally acceptable. On the next working day after the 10-day period, or as soon thereafter as practicable, the OAH will choose an arbitrator at random from the remaining list of names. The OAH will then notify the chosen arbitrator and the parties of the arbitrator's selection. The chosen arbitrator will be sent an acceptance form to sign and return, in which the arbitrator must agree to abide by the applicable statutes and regulations, as described in Regulation section 1208. The acceptance form shall also require disclosure of any potential conflicts of interest and any circumstances likely to prevent a prompt hearing.(2) If, at any time before the end of the 10-day period, the parties agree to an arbitrator and notify the OAH in writing, that agreed-upon arbitrator shall be appointed.Cal. Code Regs. Tit. 1, § 1236
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25). Note: Authority cited: Section 11420.20, Government Code. Reference: Section 11420.20, Government Code.
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).