Title 3. Civil Rules
Division 8. Alternative Dispute Resolution
Chapter 4. Civil Action Mediation Program Rules
As amended through April 1, 2007
Rule 3.871. Actions subject to mediation.
(a) Actions that may be submitted to mediation
The following actions may be submitted to mediation under
(1) By court order
Any action in which the amount in controversy,
independent of the merits of liability, defenses, or comparative
negligence, does not exceed $50,000 for each plaintiff. The court must
determine the amount in controversy under Code of Civil Procedure section
1775.5. Determinations to send a case to mediation must be made by the
court after consideration of the expressed views of the parties on the
amenability of the case to mediation. The court must not require the
parties or their counsel to personally appear in court for a conference
held solely to determine whether to send their case to mediation.
(2) By stipulation
Any other action, regardless of the amount of
controversy, in which all parties stipulate to such mediation. The
stipulation must be filed not later than 90 days before trial unless the
court permits a later time.
(b) Case-by-case determination
Amenability of a particular action for mediation must be
determined on a case-by-case basis, rather than categorically.