Choosing to Have your Case Heard by a Judge or an Arbitrator Where you choose to have your case decided can make a difference. Even before you arrive at the court you should consider whether you want your case to be heard by a judge or an arbitrator. In some instances you have the choice. That choice is made during the calendar call. That is why there are appeals courts.
Arbitrators also make errors in their decisions, but when they do their decision is final.
So, if you fear you might lose and you do not want to lose the right to appeal your case, when your name is called at the calendar call you should respond to the clerk by saying your name and the words by the court. For this dubious advantage you may have to wait an additional 30 to 50 minutes, and if there is an overabundance of cases, you further run the risk of not being heard at all that night. While there are many arbitrators, there is usually only one presiding judge. If you're obstinate and up for the challenge, you can obtain from the clerk at the small claims court window an instruction sheet explaining in the most general terms how to appeal the case. The process of appealing a decision is really a task for a lawyer, and that is expensive.