Court Rules


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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