(a) Attendance sheet In each mediation to which these rules apply under rule 3.851(a), the mediator must request that all participants in the mediation complete an attendance sheet stating their names, mailing addresses, and telephone numbers; retain the attendance sheet for at least two years; and submit it to the court on request. (Subd (a) amended effective January 1, 2007.)
Rule 3.860.Attendance sheet and agreement to disclosure
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 2011 · Last verified July 29, 2026
In one sentenceThis rule requires mediators covered by Article 2 to collect a participant attendance sheet, keep it on file for at least two years, and agree in advance that mediation communications may be disclosed if needed for a complaint proceeding against the mediator under Rule 3.865.
Full Text of Rule 3.860
(b) Agreement to disclosure The mediator must agree, in each mediation to which these rules apply under rule 3.851(a), that if an inquiry or a complaint is made about the conduct of the mediator, mediation communications may be disclosed solely for purposes of a complaint procedure conducted pursuant to rule 3.865 to address that complaint or inquiry. (Subd (b) amended effective January 1, 2011; previously amended effective January 1, 2007.)
Plain-English Summary
Rule 3.860 adds two administrative requirements on top of the conduct standards in the rest of the article. First, in every mediation the article covers, the mediator has to ask participants to fill out an attendance sheet with their names, addresses, and phone numbers, keep that record for at least two years, and hand it over to the court if asked. It is a modest paperwork duty, but it gives courts a way to verify who showed up and to reach participants later if a question arises.
Second, the rule requires the mediator to agree upfront to something that might otherwise seem at odds with mediation confidentiality: if a complaint or inquiry is later made about the mediator’s conduct, mediation communications can be disclosed for the limited purpose of investigating that complaint. This is not a general confidentiality waiver — the disclosure is narrowly tied to the complaint process described elsewhere in this chapter, and it exists precisely so that grievances about a mediator can be evaluated without the mediator hiding behind confidentiality to avoid accountability.
Frequently Asked Questions
What information does the attendance sheet have to collect?
The name, mailing address, and telephone number of each participant, which the mediator must retain for at least two years and provide to the court on request.
Does agreeing to this rule mean mediation communications lose their confidentiality?
No. The agreement only allows disclosure for the limited purpose of a complaint procedure addressing an inquiry or complaint about the mediator’s conduct. It does not open mediation communications to disclosure for any other purpose.
Which mediations does this attendance and disclosure requirement apply to?
Every mediation covered by the application rule in Article 2 — generally, mediations where the mediator is on a court panel or list, or has been recommended, selected, appointed, or compensated by the court.
Amendment History
Rule 3.860 amended effective January 1, 2011; adopted as rule 1621 effective January 1, 2006; previously amended and renumbered effective January 1, 2007.
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: mediation attendance sheet requirement Californiamediator agreement to disclose complainthow long keep mediation attendance recordsmediation confidentiality complaint exception