Can we agree to arbitrate after the dispute has already started?

Yes. Parties can stipulate to private arbitration (or private judging) at any time — a common move when both sides want speed and privacy.

Is mediation binding?

The process is voluntary; the settlement agreement you sign at the end is binding and enforceable. Never sign a term sheet at 9 p.m. after a twelve-hour mediation without your counsel confirming it says what you think it says.

We're in a contract with an arbitration clause I now regret. Are we stuck?

Probably, for disputes within its scope — though enforceability, scope, and waiver arguments exist and are worth evaluating. The better lesson runs forward: dispute resolution clauses deserve real negotiation before signing, not attention afterward.

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Alternative Dispute Resolution

Litigation, Arbitration, or Mediation? Choosing the Right Forum for a California Dispute

Court, private arbitration, and mediation differ sharply on cost, speed, privacy, and appeal rights. How to choose the forum — and when the contract chooses for you.

California parties weighing court, arbitration, and mediation with dispute resolution counsel

Category: Alternative Dispute ResolutionDracup & Patterson

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California disputes only

The State Bar of California · California Courts Self-Help · JAMS Mediation & Arbitration