As used in this article, unless the context or subject matter requires otherwise:
Rule 3.852.Definitions
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 defines four core terms used throughout the mediator conduct rules — mediation, mediator, participant, and party — so the standards that follow apply consistently to everyone involved in a court-connected civil mediation.
Full Text of Rule 3.852
(1) “Mediation” means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.
(2) “Mediator” means a neutral person who conducts a mediation.
(3) “Participant” means any individual, entity, or group, other than the mediator taking part in a mediation, including but not limited to attorneys for the parties.
(4) “Party” means any individual, entity, or group taking part in a mediation that is a plaintiff, a defendant, a cross-complainant, a cross-defendant, a petitioner, a respondent, or an intervenor in the case.
Plain-English Summary
Rule 3.852 supplies the vocabulary for the rest of the mediator conduct code. Mediation is defined broadly as a process where a neutral facilitates communication between disputants toward a mutually acceptable agreement — a definition that keeps the focus on facilitation rather than on the mediator imposing an outcome. Mediator, in turn, means the neutral person conducting that process.
The rule then draws a distinction that shapes how later obligations apply: participant versus party. Party is the narrower term, limited to the actual litigants in the case — plaintiffs, defendants, cross-complainants, petitioners, and the like. Participant is broader, covering anyone taking part in the mediation who is not the mediator, which sweeps in attorneys, insurance adjusters, experts, and consultants alongside the parties themselves. Because several conduct rules use “participant” rather than “party,” the wider definition matters — obligations like confidentiality and impartiality often extend to everyone in the room, not just the named litigants.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
The definition of “mediator” in this rule departs from the definition in Evidence Code section 1115(b) in that it does not include persons designated by the mediator to assist in the mediation or to communicate with a participant in preparation for the mediation. However, these definitions are applicable only to these rules of conduct and do not limit or expand mediation confidentiality under the Evidence Code or other law. The definition of “participant” includes insurance adjusters, experts, and consultants as well as the parties and their attorneys.
Frequently Asked Questions
What is the difference between a “party” and a “participant” under these rules?
Party means an actual litigant in the case, such as a plaintiff or defendant. Participant is broader and includes anyone else taking part in the mediation besides the mediator, including attorneys, insurance adjusters, experts, and consultants.
How does this rule define mediation itself?
As a process where one or more neutral people help disputants communicate so they can try to reach a mutually acceptable agreement. The emphasis is on facilitation, not on the mediator deciding the outcome.
Does this definition of “mediator” match the definition in the Evidence Code?
Not exactly. The definition here is narrower than the one used for mediation confidentiality purposes under the Evidence Code, and it applies only to these conduct rules — it does not change the scope of mediation confidentiality protections themselves.
Amendment History
Rule 3.852 amended and renumbered effective January 1, 2007; adopted as rule 1620.2 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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