If you’re involved in a non union employment arbitration case in California, you’ve likely been wondering what comes next after making the demand for arbitration. This marks the beginning of the substantive phase of your case, and understanding the upcoming steps can help you prepare for what lies ahead. Whether you’re working with an employment lawyer or considering seeking legal representation, knowing the arbitration process is essential for protecting your rights.
The Road Ahead: Key Phases of Your Arbitration
Once your employer has responded to your claims, your arbitration case will progress through several distinct phases. Each step serves an important purpose in building toward the final resolution of your dispute.
Arbitrator Selection: Choosing Your Decision-Maker
The most immediate next step is selecting the arbitrator who will ultimately decide your case. This neutral third party will review all evidence, hear testimony, and render a binding decision on your employment dispute.
The selection process typically follows a structured approach known as the “strike and rank” system. You’ll receive a list of potential arbitrators with relevant experience, and both you and your employer will have the opportunity to remove certain names from consideration. After striking candidates, you’ll rank your remaining preferences, and the highest-ranked available arbitrator will be appointed to your case.
The Preliminary Conference: Setting the Stage
After arbitrator selection, you’ll participate in a preliminary conference—typically conducted by phone or video call. This meeting brings together the arbitrator, you (or your attorney), and your employer’s representatives to establish the framework for your case.
During this conference, you’ll discuss and establish several important elements:
- Discovery schedule: Timeline for exchanging documents and information
- Witness identification: Preliminary list of people who may testify
- Key deadlines: Important dates for motions, final discovery, and the hearing
- Procedural rules: Specific guidelines that will govern your case
Discovery: Gathering the Evidence
The discovery phase represents your opportunity to build a comprehensive case by gathering relevant information from your employer. This process is more streamlined than court litigation but still provides substantial access to important evidence.
During discovery, you can expect:
Document Exchange: Both sides must provide all relevant, non-privileged documents related to your claims. This might include employment records, emails, policies, disciplinary actions, and other workplace documentation.
Witness Information: You’ll receive the names and basic information about witnesses your employer may call, and you’ll provide the same information about your witnesses.
Depositions: You should be entitled to take at least one deposition of a key individual from your employer’s side. This sworn testimony, typically from a supervisor or HR representative, can provide crucial insights into your employer’s decision-making process.
For cases involving discrimination, harassment, or other violations of the Fair Employment and Housing Act (FEHA), California law entitles you to “adequate discovery”—meaning you should have reasonable access to information necessary to prove your claims.
Pre-Hearing Motions: Addressing Legal Issues
Before the main hearing, either side may file motions asking the arbitrator to make preliminary rulings on specific legal or procedural issues. Common motions include:
Motion for Summary Disposition: Requests that the arbitrator rule on particular claims without a full hearing, arguing that the facts are undisputed and favor one side as a matter of law.
Discovery Motions: Requests for additional information or to compel responses to discovery requests.
Procedural Motions: Requests related to hearing procedures, witness limitations, or evidence admissibility.
While not every case involves pre-hearing motions, they can be powerful tools for resolving issues efficiently or strengthening your position before the main hearing.
The Arbitration Hearing: “Your Day in Court”
The hearing represents the culmination of your arbitration case—your opportunity to present evidence, call witnesses, and make your arguments directly to the arbitrator. Think of this as your trial, though it’s typically more informal than court proceedings.
During the hearing, you can expect:
Opening Statements: Both sides outline their positions and what they intend to prove.
Evidence Presentation: Documents, emails, records, and other materials are introduced and explained.
Witness Testimony: You, your witnesses, and your employer’s witnesses will testify under oath about relevant events.
Cross-Examination: Each side can question the other’s witnesses to challenge their testimony or highlight favorable points.
Closing Arguments: Final opportunity to summarize your case and explain why the evidence supports your position.
The arbitrator will consider all presented information before issuing a final, binding award that resolves your dispute.
Remember that arbitration is designed to provide a fair, efficient resolution to employment disputes. Having experienced legal representation can make a significant difference in the outcome, as California employment law contains many complexities that benefit from professional guidance. By understanding what lies ahead and preparing thoroughly for each phase, you position yourself for the best possible outcome in your case. If you have an arbitration agreement with your employer dial 626-657-3463 or email mike@workersrightslawfirm.com to schedule a free case evaluation today.