Here's some information I found on California procedure and real estate law you may be unaware of as "binding arbitration" vs inside a court:
"EASEMENTS
An easement is defined as an interest in the land of another which entitles the easement owner to use and enjoy the host’s land. Easements can be created voluntarily (by grant or will) or involuntarily (by implication, prescription, or estoppel.) Generally, courts enforce easements by injunctions, forcing a property owner to honor an easement.
ARBITRATION
In California, whenever any contract involving the sale or conveyance of real estate or a contract between principals and agents, contains a clause requiring mandatory arbitration, the provision must be clearly entitled “ARBITRATION OF DISPUTES” and must be at least 8-point bold type. A prescribed warning is required in at least 10-point type. The language warns that the rights to jury trial, appeal and discovery are being waived by adopting the arbitration process. There must also be a separate space for the parties to sign or initial the arbitration clause. (California Code of Civil Procedure §1298.) Unless the right to sue for specific performance (see the discussion in this section) is retained in the arbitration agreement, it is probably subject to arbitration.
However, merely filing arbitration would not permit one to record a notice of pending action (“lis pendens”). In addition to the arbitration demand, one would have to file suit and at the same time suit is filed, present an application to the court that the action be stayed pending the arbitration. (Code of Civil Procedure §1298.5.)
There are many advantages to arbitration and many reasons why many large organizations place binding arbitration provisions in their form contracts. Arbitration avoids costly discovery such as depositions, interrogatories, and requests for production. It avoids the large awards common to jury trials. It is generally quicker and less expensive. The speed and inexpensive nature of the arbitration are mitigated somewhat by the fact that:
1. The arbitration award must be converted to judgment to be enforced. This generally entails a filing fee and a court appearance.
2. Generally the parties will be paying roughly $200.00 to $400.00 an hour for a single neutral arbitrator. Conversely, a judge in a court proceeding is free.
3. On complex cases, unless the parties waive this provision, some organizations, such as the American Arbitration Association, require a preliminary hearing and three arbitrators. The addition of two additional party-chosen arbitrators makes the case proceed longer and greatly increases the expenses.
4. Finally, an arbitration award is final and subject to very limited appellate rights. A case cannot continue on appeal for a matter of years as with some civil actions.
If an arbitration clause mentions an organization, such as JAMS or the American Arbitration Association, then the agreement is self-effecting and an arbitration can be commenced by merely filing a demand with that organization. If there is no such organization mentioned, the parties must file a submission to arbitrate the matter or a petition must be filed with the local court to order the arbitration process.
Some of the disadvantages of arbitration are that it could be more expensive than a simple collection case which could be resolved by a default judgment in a matter of months for a very nominal sum. Little or no discovery could make certain inappropriate for arbitration. The appeal period is extremely limited and the arbitrator’s ruling in most cases is final. Finally, the arbitration clause must specifically mention the organization that will conduct the arbitration or one must hire a lawyer, pay a court filing fee, and petition the court to order arbitration. "
