Palo Alto, CA asked in Arbitration / Mediation Law for California

Q: I discovered after signing it that my arbitration agreement it indicates that a mediator doesn't need to decide my

grievance based on California law but rather "accepted business practices." Is this legal?

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: Generally, accepted business practices are relied on when there is no specific statute that covers the exact situation. But that does not mean that there is no California case law on the subject. You mention your Arbitration Agreement, then talk about your Mediator. Which are you involved in? It is also the case that if you both agree to a settlement, it can be enforced in court as long as it is not illegal.

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