(a) Compliance with court qualifications A mediator must comply with experience, training, educational, and other requirements established by the court for appointment and retention.
Rule 3.856.Competence
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 · Adopted 1620 · no amendments on record · Last verified July 29, 2026
In one sentenceThis rule requires mediators to meet the court’s qualification requirements, represent their background truthfully, report professional discipline or serious legal trouble to the court, and withdraw if they determine their own skill or knowledge is not enough to handle a particular mediation effectively.
Full Text of Rule 3.856
(b) Truthful representation of background A mediator has a continuing obligation to truthfully represent his or her background to the court and participants. Upon a request by any party, a mediator must provide truthful information regarding his or her experience, training, and education.
(c) Informing court of public discipline and other matters A mediator must also inform the court if:
(1) Public discipline has been imposed on the mediator by any public disciplinary or professional licensing agency;
(2) The mediator has resigned his or her membership in the State Bar or another professional licensing agency while disciplinary or criminal charges were pending;
(3) A felony charge is pending against the mediator;
(4) The mediator has been convicted of a felony or of a misdemeanor involving moral turpitude; or
(5) There has been an entry of judgment against the mediator in any civil action for actual fraud or punitive damages.
(d) Assessment of skills; withdrawal A mediator has a continuing obligation to assess whether or not his or her level of skill, knowledge, and ability is sufficient to conduct the mediation effectively. A mediator must decline to serve or withdraw from the mediation if the mediator determines that he or she does not have the level of skill, knowledge, or ability necessary to conduct the mediation effectively.
Plain-English Summary
Rule 3.856 ties a mediator’s authority to serve to actual qualifications rather than reputation alone. It starts with the obvious requirement — meet whatever experience, training, and education standards the court has set for its mediation program — and then layers on honesty obligations that keep those credentials meaningful. A mediator has to represent their background accurately at all times, and must answer truthfully when a party asks about their experience, training, or education.
The rule also treats certain red flags as things the court needs to know about, regardless of whether anyone asks: public discipline from a licensing body, resigning a professional license while charges were pending, a pending felony charge, a felony or moral-turpitude misdemeanor conviction, or a civil judgment against the mediator for fraud or punitive damages. These are the kinds of facts that could affect whether a court wants to keep someone on its mediator list, so the rule makes disclosure automatic rather than something a party has to dig up.
Finally, competence is not a one-time credential check — it is an ongoing self-assessment. A mediator has to keep evaluating whether their skill and knowledge fit the demands of a particular case, and must step aside if the answer is no, even if nothing about their formal qualifications has changed.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
Subdivision (d). No particular advanced academic degree or technical or professional experience is a prerequisite for competence as a mediator. Core mediation skills include communicating clearly, listening effectively, facilitating communication among all participants, promoting exploration of mutually acceptable settlement options, and conducting oneself in a neutral manner. A mediator must consider and weigh a variety of issues in order to assess whether his or her level of skill, knowledge, and ability is sufficient to make him or her effective in a particular mediation. Issues include whether the parties (1) were involved or had input in the selection of the mediator; (2) had access to information about the mediator’s background or level of skill, knowledge, and ability; (3) have a specific expectation or perception regarding the mediator’s level of skill, knowledge, and ability; (4) have expressed a preference regarding the style of mediation they would like or expect; or (5) have expressed a desire to discuss legal or other professional information, to hear a personal evaluation of or opinion on a set of facts as presented, or to be made aware of the interests of persons who are not represented in mediation.
Frequently Asked Questions
What must a mediator disclose to the court about disciplinary or criminal history?
Public discipline from a licensing agency, resignation from a professional license while disciplinary or criminal charges were pending, a pending felony charge, a felony or moral-turpitude misdemeanor conviction, or a civil judgment for fraud or punitive damages.
Is a mediator required to answer questions about their training and experience?
Yes. Upon request from any party, the mediator must provide truthful information about their experience, training, and education.
Does a mediator need an advanced degree to be considered competent?
No particular degree or professional credential is required. What matters is whether the mediator’s actual skill, knowledge, and ability are sufficient to handle the specific mediation effectively, which the mediator must continually assess.
Amendment History
Rule 3.856 renumbered effective January 1, 2007; adopted as rule 1620.6 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
Also known as: mediator qualifications California courtmediator disclosure of discipline or convictionmediator withdraw lack of skillmediator competence requirements