Cal. Rules of Court, rule 3.1380 · Division 12. Settlement
Mandatory settlement conferences
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Setting conferences
On the court's own motion or at the request of any party, the court may set one or more mandatory settlement conferences.
(b) Persons attending
Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.
(c) Settlement conference statement
No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:
(1) A good faith settlement demand;
(2) An itemization of economic and noneconomic damages by each plaintiff;
(3) A good faith offer of settlement by each defendant; and
(4) A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party.
The settlement conference statement must comply with any additional requirement imposed by local rule.
(d) Restrictions on appointments
A court must not:
(1) Appoint a person to conduct a settlement conference under this rule at the same time as that person is serving as a mediator in the same action; or
(2) Appoint a person to conduct a mediation under this rule.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 1995, and July 1, 2002.)
(Subd (b) amended and relettered effective July 1, 2002; adopted as subd (c); previously amended effective January 1, 1995.)
(Subd (c) amended effective January 1, 2008; adopted as subd (d); previously amended effective January 1, 1995, and January 1, 2007; previously amended and relettered effective July 1, 2002.)
(Subd (d) adopted effective January 1, 2008.)
Rule 3.1380 amended effective January 1, 2008; adopted as rule 222 effective January 1, 1985; previously amended effective January 1, 1995, July 1, 2001, and July 1, 2002; previously amended and renumbered effective January 1, 2007.
Advisory Committee Comment
Subdivision (d) This provision is not intended to discourage settlement conferences or mediations. However, problems have arisen in several cases, such as Jeld-Wen v. Superior Court of San Diego County (2007) 146 Cal.App.4th 536, when distinctions between different ADR processes have been blurred. To prevent confusion about the confidentiality of the proceedings, it is important to clearly distinguish between settlement conferences held under this rule and mediations. The special confidentiality requirements for mediations established by Evidence Code sections 1115-1128 expressly do not apply to settlement conferences under this rule. This provision is not intended to prohibit a court from appointing a person who has previously served as a mediator in a case to conduct a settlement conference in that case following the conclusion of the mediation.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1380
- Text hash
- sha256 9fe026e7f31eebd6f32a2594601608d4c2d930eaebbd827948b5a4e100484e4b
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
BenchPath cards that rely on this text
22 cards, in title order.
- Court of Appeal, Fifth Appellate District — Local Rule 2: Mediation Program for Civil Appeals
- Court of Appeal, Third Appellate District — Local Rule 1: Mediation in civil appeals
- El Dorado County Superior Court Local Rules (effective January 1, 2026) — Chapter 8: Family Law Proceedings
- Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 3-Civil Cases (Rules 3.1 to 3.7)
- Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Civil Rules; Civil Jury Trials; Civil Jury Instructions (Rules 3 to 4.1)
- Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Family Law (Rules 400 to 419)
- Orange County Superior Court — Probate Mediation Program Guidelines (October 2018)
- Orange County Superior Court Local Rules (current edition, effective July 1, 2025) — Division 3: Civil Rules
- Riverside County Superior Court — Department F501 Standing Orders (Hon. John W. Vineyard; effective February 5, 2024)
- Riverside County Superior Court — Family Law Trial Rules and Procedures (local form RI-FL035, Rev. 01/01/26)
- Riverside County Superior Court Local Rules (effective July 1, 2026) — Title 5: Family and Juvenile Rules
- San Bernardino County Superior Court — Family Law Policy FL-002 - Mandatory Settlement Conferences and Voluntary Settlement Conferences
- San Diego Superior Court Local Rules (2026) — Division II: Civil
- San Mateo County Superior Court — Department 2 (Judge Mark A. McCannon) Case Management Order No. 1 for Complex Cases
- Santa Barbara County Superior Court — Santa Maria Department SM 4 (Judge Jed Beebe) Policies and Procedures
- Santa Barbara County Superior Court Local Rules of Court (current local rules effective January 1, 2025) — Chapter Fourteen: Family Law Rules
- Santa Clara County Superior Court Local Rules (effective July 1, 2026) — Civil Rules
- Santa Clara County Superior Court Local Rules (effective July 1, 2026) — Juvenile Rules
- Santa Clara Superior Court — Complex Civil Litigation Department: Guidelines and Protocols (revised August 31, 2026)
- Santa Clara Superior Court — Order Regarding Early Civil Mandatory Settlement Conferences (March 2, 2021)
- Ventura County Superior Court — Civil Division
- Ventura County Superior Court — Remote Mandatory Settlement Conference Procedures; Acknowledgement of Receipt & Stipulation (rev. 8/25/25)
Cited by 5 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 3.1380. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 3.728Case management orderPrinted as rule 3.1380
- Cal. Rules of Court, rule 3.800DefinitionsPrinted as rule 3.1380
- Cal. Rules of Court, rule 3.851ApplicationPrinted as rule 3.1380
- Cal. Rules of Court, rule 3.2005Settlement opportunitiesPrinted as rule 3.1380(c)
- Cal. Rules of Court, rule 8.248Prehearing conferencePrinted as rule 3.1380(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.