Reorganized California Rules Of Court
Title 3. Civil Rules
Division 8. Alternative Dispute Resolution
Chapter 3. General Rules Relating to Mediation of Civil
Article 2. Rules of Conduct for Mediators in
Court-Connected Mediation Programs for Civil Cases
As amended through April 1, 2007
Rule 3.855. Impartiality, conflicts of interest,
disclosure, and withdrawal.
A mediator must maintain impartiality toward all
participants in the mediation process at all times.
(b) Disclosuire of matters potentially affecting
(1) A mediator must make reasonable efforts to keep
informed about matters that reasonably could raise a question about
his or her ability to conduct the proceedings impartially, and must
disclose these matters to the parties. These matters include:
(A) Past, present, and currently expected interests,
relationships, and affiliations of a personal, professional, or
financial nature; and
(B) The existence of any grounds for disqualification of
a judge specified in Code of Civil Procedure section 170.1.
(2) A mediator's duty to disclose is a continuing
obligation, from the inception of the mediation process through its
completion. Disclosures required by this rule must be made as soon as
practicable after a mediator becomes aware of a matter that must be
disclosed. To the extent possible, such disclosures should be made
before the first mediation session, but in any event they must be made
within the time required by applicable court rules or statutes.
(c) Proceeding if there are no objections or questions
Except as provided in (f) , if, after a mediator
makes disclosures, no party objects to the mediator and no participant
raises any question or concern about the mediator's ability to conduct
the mediation impartially, the mediator may proceed.
(d) Respondiing to questions or concerns concerning
If, after a mediator makes disclosures or at any
other point in the mediation process, a participant raises a question
or concern about the mediator's ability to conduct the mediation
impartially, the mediator must address the question or concern with
the participants. Except as provided in (f) , if, after the question
or concern is addressed, no party objects to the mediator, the
mediator may proceed.
(e) Withdrawal or continuation upon party objection
In a two-party mediation, if any party objects to the
mediator after the mediator makes disclosures or discusses a
participant's question or concern regarding the mediator's ability to
conduct the mediation impartially, the mediator must withdraw. In a
mediation in which there are more than two parties, the mediator may
continue the mediation with the nonobjecting parties, provided that
doing so would not violate any other provision of these rales, any
law, or any local court rale or program guideline.
(f) Circumstances requiring mediator recusal despite
Regardless of the consent of the parties, a mediator either must
decline to serve as mediator or, if already serving, must withdraw
from the mediation if:
(1) The mediator cannot maintain impartiality toward all
participants in the mediation process; or
(2) Proceeding with the mediation would jeopardize the
integrity of the court or of the mediation process.