(a) Standards of conduct The rules in this article establish the minimum standards of conduct for mediators in court- connected mediation programs for general civil cases. These rules are intended to guide the conduct of mediators in these programs, to inform and protect participants in these mediation programs, and to promote public confidence in the mediation process and the courts. For mediation to be effective, there must be broad public confidence in the integrity and fairness of the process. Mediators in court-connected programs are responsible to the parties, the public, and the courts for conducting themselves in a manner that merits that confidence. (Subd (a) amended effective January 1, 2007.)
Rule 3.850.Purpose and function
Division 8. Alternative Dispute Resolution · Chapter 3. General Rules Relating to Mediation of Civil Cases · Article 2. Rules of Conduct for Mediators in Court-Connected Mediation Programs for Civil Cases · Last amended 2007 · Last verified July 29, 2026
In one sentenceThis rule states why Article 2’s mediator conduct rules exist — to set minimum standards that protect mediation participants and build public confidence in the process — while making clear the rules are a floor, not a ceiling, and create no new basis to challenge a settlement or sue a mediator.
Full Text of Rule 3.850
(b) Scope and limitations These rules are not intended to:
(1) Establish a ceiling on what is considered good practice in mediation or discourage efforts by courts, mediators, or others to educate mediators about best practices;
(2) Create a basis for challenging a settlement agreement reached in connection with mediation; or
(3) Create a basis for a civil cause of action against a mediator. (Subd (b) amended effective January 1, 2007.)
Plain-English Summary
Rule 3.850 opens the mediator code of conduct by explaining what it is trying to accomplish. Court mediation only works if people trust it — if parties believe the process is fair and the mediator is acting with integrity. This rule frames every standard that follows as serving that goal: protecting the people who use court mediation programs and preserving public confidence in both mediation and the courts that offer it.
The second half of the rule manages expectations about what these standards do and do not do. They set a floor, not a ceiling — nothing stops a court, a mediator, or a training program from promoting practices that go beyond the minimum. At the same time, the rule closes off two possible misuses of the code: a party cannot point to a mediator’s rule violation as grounds to unwind an otherwise valid settlement, and a mediator’s misstep under these rules does not, by itself, hand anyone a lawsuit against the mediator.
Read together, the two subdivisions strike a balance. The standards are meant to matter — courts, complaint coordinators, and mediators are expected to take them seriously — but they operate through the court’s own oversight mechanisms rather than through private litigation over settlements or against mediators personally.
Frequently Asked Questions
Do these mediator conduct rules set the maximum standard of good practice?
No. Rule 3.850 describes them as minimum standards. Courts, mediators, and training programs remain free to encourage practices well beyond what the rules require.
Can a party undo a settlement because the mediator violated a conduct rule?
No. The rule states that it does not create a basis for challenging a settlement agreement reached through mediation, even if the mediator fell short of a conduct standard.
Can someone sue a mediator for breaking one of these rules?
No. Rule 3.850 states that the rules of conduct do not create a basis for a civil cause of action against a mediator. Complaints about a mediator’s conduct go through the court’s complaint procedure described later in this chapter, not through a private lawsuit.
Amendment History
Rule 3.850 amended and renumbered effective January 1, 2007; adopted as rule 1620 effective January 1, 2003.
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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