Rule 3.726.Stipulation to alternative dispute resolution
Division 7. Civil Case Management · Chapter 3. Case Management · Adopted 2007 · no amendments on record · Last verified July 29, 2026
Full Text of Rule 3.726
Plain-English Summary
Rule 3.726 covers the narrow case where every party in the lawsuit wants to try mediation, arbitration, or another alternative dispute resolution process. When that unanimous agreement exists, the rule doesn’t leave it as an informal understanding between counsel — it requires the parties to put it in writing on the ADR stipulation form referenced in rule 3.221 and file that stipulation with the court.
That filing turns a private agreement into something the court can act on. It connects directly to the case management conference agenda in rule 3.727, which asks whether the parties have stipulated to arbitration or another ADR process and, if so, by when it must be completed, and to the case management order in rule 3.728, which can formally refer the case to that process and set a completion date. A joint stipulation under rule 3.726 requires unanimous agreement; short of that, the court still has its own authority to refer a case to ADR through the case management process.
Frequently Asked Questions
Do all parties have to agree before stipulating to ADR under rule 3.726?
Yes. The rule applies “if all parties agree” to use an ADR process — it covers a unanimous stipulation, not a request by one side.
What form do parties use to stipulate to ADR in a California civil case?
The ADR stipulation form referenced in rule 3.221. Rule 3.726 requires the parties to complete it jointly and file it with the court.
Is ADR mandatory in California civil cases under rule 3.726?
No. Rule 3.726 addresses a voluntary joint stipulation. Courts have separate authority to refer cases to ADR through the case management process even without one.
Amendment History
Rule 3.726 adopted effective January 1, 2007.