do not apply to non-arbitration contracts. No comparable statutory mandate exists directing courts to compel enforcement of contractual jury trial waivers. Third, arbitration constitutes an agreement by the parties to avoid the judicial process altogether, not an agreement to limit one’s rights following the invocation of the judicial process. A contractual jury waiver does not eliminate the court system from the resolution of the dispute but instead eliminates a litigant’s access to a jury, an essential component of the court system. A distinction exists between an agreement to resolve disputes out of court and an agreement to resolve disputes in court but to waive constitutional aspects of that in-court resolution. Accord Grafton Partners L.P., 32 Cal.Rptr.3d 5, 116 P.3d at 484 (<HOLDING>). And finally, the standards governing the
recognizing that generally a nonparty to an arbitration agreement does not have standing to invoke the agreement but considering whether the nonparty could force arbitration because it was a third party beneficiary of the contract a successor in interest to the contracting party or an agent of the contracting party holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added holding that claim was not subject to mandatory arbi tration because the parties specifically excluded it from the general arbitration clause recognizing parties right by contact or agreement to submit or to agree to submit controversies to arbitration  holding that the analogy to arbi tration agreement is not persuasive in part because the principal feature of an arbitration agreement is that the contracting parties agree they will not submit their controversy to a court of law in the first instance