(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. (Subd (a) amended effective January 1, 2008; previously amended effective January 1, 1995, and July 1, 2002.)
Rule 3.1380.Mandatory settlement conferences
Division 12. Settlement · Last amended 2008 · Last verified July 29, 2026
In one sentenceRule 3.1380 lets a court set one or more mandatory settlement conferences on its own motion or at a party’s request, requires trial counsel, parties, and anyone with settlement authority to attend personally, sets a deadline for settlement conference statements, and bars a court from appointing the same person as both mediator and settlement conference officer in one case.
Full Text of Rule 3.1380
(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. (Subd (b) amended and relettered effective July 1, 2002; adopted as subd (c); previously amended effective January 1, 1995.)
(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. (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.)
(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. (Subd (d) adopted effective January 1, 2008.)
Plain-English Summary
A settlement conference is a structured negotiation session, distinct from a mediation, where the parties and their lawyers sit down — often with a judge or an appointed neutral presiding — and try to resolve the case before trial. Rule 3.1380 lets any superior court order one, either because the judge decides the case is ripe for it or because a party asks. Attendance is not optional for the people who matter: trial counsel, the parties, and anyone whose consent would be needed to settle the case must show up in person unless the court excuses them for good cause.
The rule also forces both sides to show their hand in writing before the conference happens. At least five court days ahead of time, each party must file and serve a settlement conference statement laying out a genuine settlement demand or offer, an itemized breakdown of damages, and a candid discussion of the facts and law bearing on liability and damages. That advance disclosure is what makes the conference useful — nobody walks in blind.
Rule 3.1380(d) draws a firm line between settlement conferences and mediation. A court cannot appoint someone to run a settlement conference in a case while that same person is also serving as the mediator in the same case, and it cannot appoint anyone to conduct a mediation under this rule at all. The two processes carry different confidentiality protections, and keeping the roles separate keeps that distinction from blurring.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
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.
Frequently Asked Questions
Who has to attend a mandatory settlement conference in a California civil case?
Trial counsel, the parties, and anyone with full authority to settle the case must attend personally, unless the court excuses attendance for good cause. Rule 3.1380(b).
What has to be filed before a mandatory settlement conference?
Each party must submit and serve a settlement conference statement at least five court days before the conference, including a settlement demand or offer, an itemization of damages, and a discussion of the facts and law on liability and damages. Rule 3.1380(c).
Can the same person run both a mediation and a settlement conference in the same case?
No. Rule 3.1380(d) bars a court from appointing a person to conduct a settlement conference while that person is also serving as mediator in the same action, to keep the two ADR processes and their different confidentiality rules distinct.
Amendment History
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.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: mandatory settlement conference California rulessettlement conference statement requirements CaliforniaCRC rule 3.1380