Civil Action Mediation in California

Part 3, Title 11.6 of the Code of Civil Procedure deals with civil action mediation. Section 1775 contains six legislative findings and declarations including that the peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government.

The Judicial Council, through the Administrative Office of the Courts, is required to conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and must estimate the resulting savings realized by the courts and the parties.

Section 1775.1 defines the term “mediation.” Section 1775.2 provides that this title applies to the courts of the County of Los Angeles. Section 1775.3 states that, in the courts of the County of Los Angeles and in other courts that elect to apply this title, all at-issue civil actions in which arbitration is otherwise required may be submitted to mediation by the presiding judge or the judge designated under this title as an alternative to judicial arbitration.

Section 1775.4 specifies that an action that has been ordered into arbitration may not be ordered into mediation under this title, and an action that has been ordered into mediation may not be ordered into arbitration.

Section 1775.5 prohibits a court from ordering a case into mediation where the amount in controversy exceeds $50,000.

Section 1775.6 requires a mediator to be selected for the action within 30 days of its submission to mediation. The method of selection and qualification of the mediator is as the parties determine.

Section 1775.7 says that submission of an action to mediation pursuant to this title does not suspend the running of the time periods specified, except as provided here.

Section 1775.8 requires the compensation of court-appointed mediators to be the same as the compensation of arbitrators, except that no compensation can be paid prior to the filing of a statement of nonagreement by the mediator or prior to settlement of the action by the parties.

Section 1775.9 provides that, in the event that the parties to mediation are unable to reach a mutually acceptable agreement and any party to the mediation wishes to terminate the mediation, then the mediator is required to file a statement of nonagreement using a form developed by the Judicial Council.

Section 1175.10 requires all statements made by the parties during the mediation to be subject to specified sections of the Evidence Code.

Section 1775.11 states that any party who participates in mediation retains the right to obtain discovery to the extent available under the Civil Discovery Act.

Section 1775.13 states that is the intent of the Legislature that nothing in this title is to be construed to preempt other current or future alternative dispute resolution programs operating in the trial courts.

Section 1775.15 requires the Judicial Council to provide by rule for three specified procedures to follow.