California, United States of America
The following excerpt is from Moore v. Conliffe, 29 Cal.Rptr.2d 152, 7 Cal.4th 634, 871 P.2d 204 (Cal. 1994):
6 "Judicial arbitration" is a term of art that refers to the procedural scheme set forth in section 1141.10 et seq. of the Code of Civil Procedure. Although there are a number of differences between "judicial arbitration" and the traditional contractual arbitration process authorized by section 1280 et seq. of the Code of Civil Procedure (see Blanton v. Womancare, Inc., supra, 38 Cal.3d 396, 401-402 & fn. 5, 212 Cal.Rptr. 151, 696 P.2d 645), in both processes the arbitration proceeding consists of an adjudicatory proceeding presided over by one or more neutral, nongovernmental arbitrators, whose function typically is to resolve a dispute that otherwise would be subject to resolution by a court. From the perspective of a witness who is called upon to testify in an arbitration proceeding, the two types of arbitration proceedings are virtually indistinguishable, and there appears to be no persuasive reason for immunizing a witness against subsequent tort liability in one context but not the other.
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