A. The JAMS appeal shall take place in Sacramento County and shall use one (1) arbitrator, agreed upon by the parties, and shall not be a de novo review, but shall be based solely upon the record developed in the Tribal Court proceeding. The JAMS appeal shall review all determination of the Tribal Court on matters of law, but shall not set aside any factual determinations of the Tribal Court if such determination is supported by substantial evidence. If there is a conflict in the evidence and a reasonable fact finder could have found for either party, the decision of the Tribal Court will not be overturned on appeal.

B. The party electing the JAMS appeal option shall bear all costs and expenses of the JAMS appeal, regardless of outcome, and each party shall bear its own attorney’s fees. (Res. 2019-45)