DC Small Claims Arbitration: Court-Annexed Process and When to Consent
A Possible Option After Mediation
When your DC small claims case does not settle in Multi-Door mediation, arbitration may be another option. Under D.C. Code § 11-1322, judges or court-appointed neutrals may conduct arbitration and conciliation with the parties' consent.
How It Differs From Mediation
In Multi-Door mediation, a neutral facilitator helps both parties negotiate but has no power to decide the outcome. You and the plaintiff must agree on a settlement for the case to resolve.
In arbitration, a neutral hears both sides and makes a decision. Before consenting, ask the court whether the award is binding, how it may be reviewed, and what procedure applies.
The key differences:
| Feature | Mediation | Arbitration | Bench Trial |
|---|---|---|---|
| Who decides | The parties | The arbitrator | The judge |
| Binding | Only if both agree | Ask the court whether the award binds the parties | Yes |
| Evidence rules | Informal | Confirm with the court | Formal |
| Speed | Same day | Ask the court about scheduling | May require a future trial date |
| Cost | Free | Confirm with the court | Free |
When Arbitration Comes Up
If arbitration is suggested after mediation, ask what process the court is proposing, how it is scheduled, what fees apply, and what evidence rules are used.
Both parties must consent to arbitration. Ask the court what happens next if either side declines.
Free Download
Get the District of Columbia Small Claims Response Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Should You Consent as a Defendant?
The right choice depends on the process the court proposes. Confirm these details before consenting.
Questions to resolve first:
- Timing. Ask when the arbitration would be heard.
- Evidence. Ask what evidence rules apply.
- Fees and formality. Ask what the session costs and what it involves.
Risks to clarify:
- Binding effect and review. The three-calendar-day deadline to apply for allowance of appeal is described for Small Claims judgments. Ask whether it applies to the proposed arbitration award and what other review is available.
- Jury demand. If you are considering a jury demand, ask whether consenting to the proposed arbitration affects that route.
- Decision-maker. Confirm who will decide the dispute and what authority that person will have.
When to Decline
Before declining, confirm with the court what the next step will be and whether a jury demand is available in your case.
When to Accept
Consider consenting only after you understand whether the award is binding, the fee, the schedule, the evidence rules, and what review or jury options remain.
The Arbitration Hearing
If both parties consent, ask the court how the hearing will work, how an award is issued and recorded, and what you must do after the decision.
Making an Informed Decision
The choice between arbitration and trial is one of several decision points you face as a defendant. Our DC Small Claims Response Guide covers each path with a decision tree and practical comparisons, helping you evaluate which resolution method gives you the best chance at a fair outcome given your specific circumstances.
Get Your Free District of Columbia Small Claims Response Checklist
Download the District of Columbia Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.