Cal. Rules of Court, rule 3.852 · Article 2. Rules of Conduct for Mediators in Court-Connected Mediation Programs for Civil Cases
Definitions
Text — As posted by the Judicial Council of California (read October 22, 2026)
As used in this article, unless the context or subject matter requires otherwise:
(1) "Mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.
(2) "Mediator" means a neutral person who conducts a mediation.
(3) "Participant" means any individual, entity, or group, other than the mediator taking part in a mediation, including but not limited to attorneys for the parties.
(4) "Party" means any individual, entity, or group taking part in a mediation that is a plaintiff, a defendant, a cross-complainant, a cross-defendant, a petitioner, a respondent, or an intervenor in the case.
Notes and commentary — not rule text
History
Rule 3.852 amended and renumbered effective January 1, 2007; adopted as rule 1620.2 effective January 1, 2003.
Advisory Committee Comment
The definition of "mediator" in this rule departs from the definition in Evidence Code section 1115(b) in that it does not include persons designated by the mediator to assist in the mediation or to communicate with a participant in preparation for the mediation. However, these definitions are applicable only to these rules of conduct and do not limit or expand mediation confidentiality under the Evidence Code or other law.
The definition of "participant" includes insurance adjusters, experts, and consultants as well as the parties and their attorneys.
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_852
- Text hash
- sha256 fdd57984b5431b09d0b26e6afff75fd38f8ea5a801cfbcdad0b0c53eb5955e89
- 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
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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.