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Rule 3.800.Definitions

Division 8. Alternative Dispute Resolution · Chapter 1. General Provisions · Last amended 2007 · Last verified July 29, 2026

In one sentenceRule 3.800 defines “alternative dispute resolution process” and “mediation” for purposes of the Alternative Dispute Resolution division of the California Rules of Court, and it clarifies that mediation does not include a settlement conference held under rule 3.1380.

Full Text of Rule 3.800

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As used in this division:
(1) “Alternative dispute resolution process” or “ADR process” means a process, other than formal litigation, in which a neutral person or persons resolve a dispute or assist parties in resolving their dispute.
(2) “Mediation” means a process in which a neutral person or persons facilitate communication between disputants to assist them in reaching a mutually acceptable agreement. As used in this division, mediation does not include a settlement conference under rule 3.1380.

Plain-English Summary

Rule 3.800 sets the vocabulary for the entire Alternative Dispute Resolution division of the California Rules of Court. “Alternative dispute resolution process,” or “ADR process,” is defined broadly: any process outside formal litigation where a neutral person, or several, resolves a dispute or helps the parties resolve it themselves. That umbrella definition covers everything from arbitration to mediation to other neutral-assisted approaches the rules address elsewhere in the division.

“Mediation” gets its own, narrower definition: a process where a neutral facilitates communication between disputing parties so they can reach an agreement both sides find acceptable. The rule draws a sharp line around that definition by excluding one specific thing — a settlement conference held under rule 3.1380 does not count as mediation for purposes of this division. That distinction matters because a judicial settlement conference is a step inside the litigation itself, run by or before a judicial officer, while mediation under this division follows its own separate set of rules on confidentiality, mediator qualifications, and procedure.

Frequently Asked Questions

What counts as an “ADR process” under the California Rules of Court?

Rule 3.800 defines it broadly as any process, other than formal litigation, in which a neutral person or persons resolve a dispute or help the parties resolve it.

Is a settlement conference the same thing as mediation under these rules?

No. Rule 3.800 expressly excludes a settlement conference held under rule 3.1380 from its definition of mediation.

Why does it matter how “mediation” is defined here?

The definition determines which set of division rules — the mediation-specific ones or the ordinary case-management rules for settlement conferences — governs a given proceeding.

Does Rule 3.800 explain how mediation or arbitration works?

No. It only supplies definitions used throughout the division; the procedures for mediation and judicial arbitration appear in the chapters that follow.

Amendment History

Rule 3.800 amended and renumbered effective January 1, 2007; adopted as rule 1580 effective January 1, 2001; previously amended effective July 1, 2002.

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
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