The plaintiff, using the court's forms, is responsible for securing the consent of all parties to arbitrate. Opt-out or removal. Any party to the arbitration may request removal from arbitration at any time by filing a motion with the assigned judge. The assigned judge may also exempt a case from arbitration on his or her own motion. Cases may be referred to arbitration at any time if the parties consent.
Referrals generally occur at the initial case management conference.
If a motion to dismiss or join parties is pending, the referral to arbitration is delayed until the motion is decided. Discovery and motions. Parties have 120 days to complete discovery unless the referral order issued by the assigned judge grants more or less time. Arbitration is suspended if a dispositive motion is filed. All time frames set by the court's referral order are monitored by the court.