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Rule 3.845.Form of mediator statements and reports

Division 8. Alternative Dispute Resolution · Chapter 3. General Rules Relating to Mediation of Civil Cases · Article 1. Procedures for All Court Mediation Programs · Adopted 2012 · no amendments on record · Last verified July 29, 2026

In one sentenceWhen a mediator must report a mediation’s status or outcome to the court, this rule requires using the standard Judicial Council form and bars the mediator from revealing the substance of any agreement or confidential mediation communications on it.

Full Text of Rule 3.845

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If a mediator is required to submit a statement or report to the court concerning the status or result of the mediation, the statement or report must be submitted on the Judicial Council Statement of Agreement or Nonagreement (form ADR-100). The mediator’s completed form ADR-100 must not disclose the terms of any agreement or any other communications or conduct that occurred in the course of the mediation, except as allowed in Evidence Code sections 1115– 1128.

Plain-English Summary

Not every court mediation ends with paperwork going back to the judge, but when a program does require a report on how a mediation turned out, this rule standardizes the format. The mediator files a specific Judicial Council form — known as form ADR-100 — rather than a free-form letter or memo. That consistency helps courts track their mediation programs without each mediator inventing a different reporting style.

The more important half of the rule is what the form cannot say. Even though the court wants to know whether the case settled, the mediator cannot use the form to describe what the parties agreed to or to recount anything said or done during the sessions. The form is built to answer a narrow question — did the parties reach an agreement — not to summarize the mediation itself. That restriction lines up with the broader confidentiality protections that apply to mediation communications under California evidence law.

The rule leaves room for narrow exceptions already recognized elsewhere in the law, so a mediator filling out the form still needs to know the limited circumstances in which disclosure is permitted.

Advisory Committee Comment

The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.

This rule does not preclude courts from asking mediators to provide other information about court- program mediations on separate forms or surveys that do not request any information that will allow identification of a specific case or mediation participant and that will not become part of the court’s case file.

Frequently Asked Questions

What form must a mediator use to report a mediation’s outcome to the court?

Form ADR-100, the Judicial Council’s Statement of Agreement or Nonagreement. It is the standard form for any court-required report on whether a mediation resolved a case.

Can a mediator describe the settlement terms on the report form?

No. The completed form cannot reveal the terms of any agreement or describe communications or conduct from the mediation sessions, aside from the narrow disclosures already permitted under California’s mediation confidentiality statutes.

Can a court ask mediators for other information beyond form ADR-100?

Yes, within limits. A court may ask mediators to fill out separate surveys or provide other program information, as long as those requests do not seek anything that could identify a specific case or participant and do not become part of the court’s case file.

Amendment History

Rule 3.845 adopted effective July 1, 2012.

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: ADR-100 form mediationmediator report to court Californiastatement of agreement or nonagreementmediation confidentiality on court forms