Contract Principles Determine Whether Parties Agreed To Binding Arbitration.

The Goffs were in a fee dispute with a law firm and offered binding arbitration. The law firm declined. Subsequently, the law firm changed its position and agreed to arbitrate, whereupon the Goffs withdrew their request for binding arbitration. The matter went to arbitration and the arbitrator ruled that the parties had agreed to binding arbitration. The trial court agreed. The Court of Appeal did not and reversed the judgment. The law firm’s unequivocal rejection of the offer to engage in binding arbitration terminated the Goffs’ offer. When the law firm subsequently offered to arbitrate, the Goffs rejected it. Thus, there never was an agreement for binding arbitration. Glaser, Weil, Fink, Jacobs & Shapiro LLP v. Goff  (Cal. App. Second Dist., Div. 1; April 15, 2011) (As Mod. May 6, 2011) 194 Cal.App.4th 423, [125 Cal.Rptr.3d 26, 2011 DJDAR 5417].