(a) Application The rules in this article apply to each superior court that makes a list of mediators available to litigants in general civil cases or that recommends, selects, appoints, or compensates a mediator to mediate any general civil case pending in that court. A court that approves the parties’ agreement to use a mediator who is selected by the parties and who is not on the court’s list of mediators or that memorializes the parties’ agreement in a court order has not thereby recommended, selected, or appointed that mediator within the meaning of this rule. (Subd (a) amended and lettered effective January 1, 2010; previously adopted as part of unlettered subd effective July 1, 2009; effective date extended to January 1, 2010.)
Rule 3.865.Application and purpose
Division 8. Alternative Dispute Resolution · Chapter 3. General Rules Relating to Mediation of Civil Cases · Article 3. Requirements for Addressing Complaints About Court-Program Mediators · Last amended 2010 · Last verified July 29, 2026
In one sentenceThis rule opens Article 3 by defining which courts its complaint procedures cover and explaining that the goal is to resolve grievances about court-program mediators promptly, in a manner fair to both sides, and consistent with California’s mediation confidentiality statutes.
Full Text of Rule 3.865
(b) Purpose These rules are intended to promote the resolution of complaints that mediators in court- connected mediation programs for civil cases may have violated a provision of the rules of conduct for such mediators in article 2. They are intended to help courts promptly resolve any such complaints in a manner that is respectful and fair to the complainant and the mediator and consistent with the California mediation confidentiality statutes. (Subd (b) lettered effective January 1, 2010; previously adopted as part of unlettered subd effective July 1, 2009; effective date extended to January 1, 2010.)
Plain-English Summary
Rule 3.865 sets the stage for the complaint process, and it mirrors the coverage question from Article 2’s application rule. It reaches any superior court that maintains a list of mediators for general civil cases or that recommends, selects, appoints, or pays a mediator for a pending civil case. The same carve-out from Article 2 shows up again here: if the parties pick their own mediator and the court merely approves that choice or records it in an order, the court has not thereby brought that mediator within the complaint procedure’s reach.
The purpose subdivision explains why this article exists at all. Complaints that a court-program mediator violated one of the conduct standards need somewhere to go, and this article is designed to move those complaints toward resolution in a way that treats both the complainant and the mediator with fairness and respect. That balance matters because a complaint process that feels stacked against either side undermines confidence in the whole system, whether the concern is a mediator getting no real accountability or a mediator facing an unfair process based on an unfounded accusation.
The rule also anchors the process to a legal constraint that runs through the entire article: whatever procedure a court builds has to stay consistent with California’s mediation confidentiality statutes, since a complaint investigation inevitably touches on what happened during a supposedly confidential mediation.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
As used in this article, complaint means a written communication presented to a court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct for mediators in article 2. Complaints about mediators are relatively rare. To ensure the quality of court mediation panels and public confidence in the mediation process and the courts, it is, nevertheless, important to ensure that any complaints that do arise are resolved through procedures that are consistent with California mediation confidentiality statutes (Evid. Code, §§ 703.5 and 1115 et seq.), as well as fair and respectful to the interested parties. The requirements and procedures in this article do not abrogate or limit a court’s inherent or other authority, in its sole and absolute discretion, to determine who may be included on or removed from a court list of mediators; to approve or revoke a mediator’s eligibility to be recommended, selected, appointed, or compensated by the court; or to follow other procedures or take other actions to ensure the quality of mediators who serve in the court’s mediation program in contexts other than when addressing a complaint. The failure to follow a requirement or procedure in this article will not invalidate any action taken by the court in addressing a complaint.
Frequently Asked Questions
Which courts does the complaint procedure article apply to?
Any superior court that makes a list of mediators available to litigants in general civil cases, or that recommends, selects, appoints, or compensates a mediator for a pending general civil case.
Does the complaint procedure apply if the parties chose their own mediator and the court just approved it?
No. A court that approves the parties’ choice of a mediator not on its own list, or that records that choice in an order, has not thereby recommended, selected, or appointed that mediator for purposes of this article.
What is this article trying to accomplish?
It aims to give courts a way to resolve complaints that a court-program mediator violated the conduct standards in Article 2, handling those complaints in a manner that is fair and respectful to both the complainant and the mediator, and consistent with mediation confidentiality law.
Amendment History
Rule 3.865 amended effective January 1, 2010; adopted effective July 1, 2009, effective date extended to January 1, 2010.
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: how to complain about a mediator Californiamediator complaint procedure applicationcourt mediator complaint process purposemediation confidentiality and complaints