Title 3. Civil Rules
Division 8. Alternative Dispute Resolution
Chapter 3. General Rules Relating to Mediation of Civil Cases
Article 2. Rules of Conduct for Mediators in Court-Connected
Mediation Programs for Civil Cases
As amended through April 1, 2007
Rule 3.867. Confidentiality of complaint procedures,
information, and records.
(a) This rule's requirement that rule 3.865 complaint
procedures be confidential is intended to:
(1) Preserve the confidentiality of mediation communications as
required by Evidence Code sections 1115-1128;
(2) Promote cooperation in the reporting, investigation, and
resolution of complaints about mediators on court panels; and
(3) Protect mediators against damage to their reputations that
might result from unfounded complaints against them.
(b) All procedures for receiving, investigating, and resolving
inquiries or complaints about the conduct of mediators must be
designed to preserve the confidentiality of mediation communications,
including but not limited to the confidentiality of any communications
between the mediator and individual mediation participants or
subgroups of mediation participants.
(c) All communications, inquiries, complaints, investigations,
procedures, deliberations, and decisions about the conduct of a
mediator under rule 3.865 must occur in private and must be kept
confidential. No information or records concerning the receipt,
investigation, or resolution of an inquiry or a complaint under rule
3.865 may be open to the public or disclosed outside the course of the
rule 3.865 complaint procedure except as provided in (d) or as
otherwise required by law.
(d) The presiding judge or a person designated by the presiding
judge for this purpose may, in his or her discretion, authorize the
disclosure of information or records concerning rule 3.865 complaint
procedures that do not reveal any mediation communications, including
the name of a mediator against whom action has been taken under rule
3.865, the action taken, and the general basis on which the action was
taken. In determining whether to authorize the disclosure of
information or records under this subdivision, the presiding judge or
designee should consider the purposes of the confidentiality of rule
3.865 complaint procedures stated in (a)(2) and (a)(3).
(e) In determining whether the disclosure of information or
records concerning rule 3.865 complaint procedures is required by law,
courts should consider the purposes of the confidentiality of rule
3.865 complaint procedures stated in (a). Before the disclosure of
records concerning procedures under rule 3.865 is ordered, notice
should be given to any person whose mediation communications may be
History. Rule 3.867 amended and renumbered effective
January 1, 2007; adopted as rule 1622.2 effective January 1, 2006.