Dec. 12, 2025
Arbitration discovery: A new paradigm
California's SB 940 has transformed arbitration from a streamlined alternative to litigation into a process nearly as cumbersome and costly as trial preparation by expanding discovery rights to match those available in court.
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When SB 940 took effect at the beginning of this year, most of the attention was devoted to a new ADR certification program to be created and implemented by the State Bar. But while everybody was looking the other way, the bill introduced seismic changes into the way...
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