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... Accordingly, a contract that never mentions arbitration but instead requires a bench trial, or some
other form of alternative dispute resolution, 1209 rather than a trial by a jury, would be voided
by the sections to the same extent as a contract containing an arbitration agreement. ...
... "9. DISPUTE RESOLUTION. You agree that any Dispute between You and Gateway will be
resolved exclusively and finally by arbitration administered by the National Arbitration Forum
(NAF) and conducted under its rules, except as otherwise provided below. ...
... Just like the Nursing Home Care Act, the California statute provided a plaintiff a judicial
forum regardless of whether the contract mandated arbitration, mediation, 1012 or
some other form of non-judicial dispute resolution. Carter ...