(a) Truthfulness A mediator must be truthful and accurate in marketing his or her mediation services. A mediator is responsible for ensuring that both his or her own marketing activities and any marketing activities carried out on his or her behalf by others comply with this rule.
Rule 3.858.Marketing
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 restricts how mediators can market their services, requiring truthful and accurate marketing, barring claims of court endorsement without permission, prohibiting promises of results or hints of favoritism toward any side, and forbidding solicitation of a participant’s business while a mediation is still pending.
Full Text of Rule 3.858
(b) Representations concerning court approval A mediator may indicate in his or her marketing materials that he or she is a member of a particular court’s panel or list but, unless specifically permitted by the court, must not indicate that he or she is approved, endorsed, certified, or licensed by the court.
(c) Promises, guarantees, and implications of favoritism In marketing his or her mediation services, a mediator must not:
(1) Promise or guarantee results; or
(2) Make any statement that directly or indirectly implies bias in favor of one party or participant over another.
(d) Solicitation of business A mediator must not solicit business from a participant in a mediation proceeding while that mediation is pending.
Plain-English Summary
Rule 3.858 keeps a mediator’s advertising honest and keeps it from bleeding into pressure on current clients. On the honesty side, the mediator answers for the accuracy of marketing done in their own name and for anything marketed on their behalf by someone else — outsourcing the marketing does not outsource the responsibility. A mediator can mention membership on a court’s panel or list, since that is a factual credential, but cannot suggest the court has endorsed, certified, or licensed them unless the court has specifically allowed that kind of statement.
The rule also bars two kinds of overreach in marketing content: promising or guaranteeing a particular result, and any statement that hints the mediator favors one side over another. Both undercut the neutrality mediation depends on — a mediator who advertises outcomes or leanings is selling something other than impartial facilitation.
Finally, the rule draws a line around timing. A mediator cannot solicit business from someone who is currently a participant in a mediation the mediator is running. That does not shut the door on all future work with that person — accepting other work later, without having solicited it, is a different matter, though it may trigger a separate disclosure obligation about the mediator’s impartiality.
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). This rule is not intended to prohibit a mediator from accepting other employment from a participant while a mediation is pending, provided that there was no express solicitation of this business by the mediator and that accepting that employment does not contravene any other provision of these rules, including the obligations to maintain impartiality, confidentiality, and the integrity of the process. If other employment is accepted from a participant while a mediation is pending, however, the mediator may be required to disclose this to the parties under rule 3.855. This rule also is not intended to prohibit a mediator from engaging in general marketing activities. General marketing activities include, but are not limited to, running an advertisement in a newspaper and sending out a general mailing (either of which may be directed to a particular industry or market).
Frequently Asked Questions
Can a mediator say a court has certified or endorsed them?
Only if the court has specifically permitted that statement. A mediator may mention being on a court’s panel or list, but cannot otherwise imply court approval, endorsement, certification, or licensing.
Can a mediator promise a particular outcome in their marketing?
No. Rule 3.858 bars promising or guaranteeing results, along with any statement that directly or indirectly suggests bias toward one party or participant.
Can a mediator ask a current mediation participant for other business?
No, not while that mediation is still pending. The rule prohibits soliciting business from a participant during an active mediation, though accepting unsolicited work from that participant later is treated differently.
Amendment History
Rule 3.858 renumbered effective January 1, 2007; adopted as rule 1620.8 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 advertising rules Californiacan mediator claim court certifiedmediator solicit business during mediationmediator marketing restrictions