California

Civil Procedure

Civil Procedure

Rule 3.866 – Definitions

As used in this article, unless the context or subject matter requires otherwise:

(1) “The rules of conduct” means rules 3.850-3.860 of the California Rules of Court in article 2.
(2) “Court-program mediator” means a person subject to the rules of conduct under rule 3.851.
(3) “Inquiry” means an unwritten communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct.
(4) “Complaint” means a written communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct.
(5) “Complainant” means the person who makes or presents a complaint.
(6) “Complaint coordinator” means the person designated by the presiding judge under rule 3.867(a) to receive complaints and inquiries about the conduct of mediators.
(7) “Complaint committee” means a committee designated or appointed to investigate and make recommendations concerning complaints under rule 3.869(d)(2).
(8) “Complaint procedure” means a procedure for presenting, receiving, reviewing, responding to, investigating, and acting on any inquiry or complaint.
(9) “Complaint proceeding” means all of the proceedings that take place as part of a complaint procedure concerning a specific inquiry or complaint.
(10) “Mediation communication” means any statement that is made or any writing that is prepared for the purpose of, in the course of, or pursuant to a mediation or a mediation consultation, as defined in Evidence Code section 1115, and includes any communications, negotiations, and settlement discussions between participants in the course of a mediation or a mediation consultation.

Cal. R. Ct. 3.866

Rule 3.866 adopted effective July 1, 2009, effective date extended toJanuary 1, 2010.

Advisory Committee Comment

Paragraph (2). Under rule 3.851, the rules of conduct apply when a mediator, or a firm with which a mediator is affiliated, has agreed to be included on a superior court’s list or panel of mediators for general civil cases and is notified by the court or the parties that he or she has been selected to mediate a case within that court’s mediation program or when a mediator has agreed to mediate a general civil case after being notified that he or she was recommended, selected, or appointed by a court, or will be compensated by a court, to mediate a case within a court’s mediation program.

Paragraphs (3) and (4). The distinction between “inquiries” and “complaints” is significant because some provisions of this article apply only to complaints (i.e., written communications presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct) and not to inquiries.

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