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   Alternative Dispute Resolution Rules ~

 

Court Rules

Reorganized California Rules Of Court

Rule 3.871. Actions Subject to Mediation

 

   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 these provisions:

   (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.

 

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