Selection for case. The parties select one mediator from the court's roster of mediators and arbitrators. If the parties cannot agree, the assigned district judge or magistrate judge makes the selection. When the court makes the appointment, a mediator with subject matter expertise is selected. The court states that mediators have immunity to the extent provided by law.
Mediators serve without compensation.
The process is individually administered by each assigned judge for cases assigned to that judge. Arbitration in California Southern Overview Description and authorization. The Southern District of California offers arbitration as one of the ADR options established by its CJRA plan. If a case does not settle at the mandatory ENE session, the assigned magistrate judge is authorized to refer the case to nonbinding arbitration. Mandatory referral is authorized when the judge believes arbitration might result in a cost-effective resolution of the lawsuit.