The rules in this article apply to mediations in which a mediator:
(Subd (a) amended effective January 1, 2010; previously amended effective January 1, 2007, and January 1, 2009.)
If a court’s panel or list includes firms that provide mediation services, all mediators affiliated with a listed firm are required to comply with the rules in this article when they are notified by the court or the parties that the firm was selected from the court list to mediate a general civil case within that court’s mediation program.
Except as otherwise provided in these rules, the rules in this article apply from the time the mediator agrees to mediate a case until the end of the mediation in that case.
The rules in this article do not apply to judges or other judicial officers while they are serving in a capacity in which they are governed by the Code of Judicial Ethics.
The rules in this article do not apply to settlement conferences conducted under rule 3.1380.
Cal. R. Ct. 3.851
Advisory Committee Comment
Subdivision (d). Although these rules do not apply to them, judicial officers who serve as mediators in their courts’ mediation programs are nevertheless encouraged to be familiar with and observe these rules when mediating, particularly the rules concerning subjects not covered in the Code of Judicial Ethics such as voluntary participation and self-determination.
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