As used in this article, unless the context or subject matter requires otherwise:
Rule 3.866.Definitions
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 · Adopted 2009 · no amendments on record · Last verified July 29, 2026
In one sentenceThis rule defines ten terms used throughout Article 3’s complaint process, most importantly distinguishing an unwritten inquiry from a written complaint and identifying the complaint coordinator and complaint committee roles that handle grievances against court-program mediators.
Full Text of Rule 3.866
(3) “Inquiry” means an unwritten communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct.
(4) “Complaint” means a written communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct.
(5) “Complainant” means the person who makes or presents a complaint.
(8) “Complaint procedure” means a procedure for presenting, receiving, reviewing, responding to, investigating, and acting on any inquiry or complaint.
(9) “Complaint proceeding” means all of the proceedings that take place as part of a complaint procedure concerning a specific inquiry or complaint.
(10) “Mediation communication” means any statement that is made or any writing that is prepared for the purpose of, in the course of, or pursuant to a mediation or a mediation consultation, as defined in Evidence Code section 1115, and includes any communications, negotiations, and settlement discussions between participants in the course of a mediation or a mediation consultation.
Plain-English Summary
Rule 3.866 is the glossary for the entire complaint article, and one distinction does most of the work: inquiry versus complaint. An inquiry is an unwritten communication to the complaint coordinator suggesting a mediator may have broken a conduct rule; a complaint is the same idea, but in writing. That difference is not just wording — later rules in this article attach different procedures and protections depending on whether something arrived as a passing inquiry or a formal written complaint.
The rule also names the people and structures that make the process run: the complaint coordinator, who receives inquiries and complaints in the first place; a complaint committee, which may be appointed to investigate and recommend action on a complaint; and the complainant, the person who brought the matter forward. It ties “the rules of conduct” to a specific range — the standards in Article 2 — and defines “court-program mediator” as anyone who falls under those standards through the application rule.
Finally, the rule reaches into evidence law to define “mediation communication,” borrowing the Evidence Code’s framing to cover statements and writings made for, during, or under a mediation or a mediation consultation. That definition matters because it marks the boundary of what a complaint investigation can and cannot dig into.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
Paragraph (2). Under rule 3.851, the rules of conduct apply when a mediator, or a firm with which a mediator is affiliated, has agreed to be included on a superior court’s list or panel of mediators for general civil cases and is notified by the court or the parties that he or she has been selected to mediate a case within that court’s mediation program or when a mediator has agreed to mediate a general civil case after being notified that he or she was recommended, selected, or appointed by a court, or will be compensated by a court, to mediate a case within a court’s mediation program. Paragraphs (3) and (4). The distinction between “inquiries” and “complaints” is significant because some provisions of this article apply only to complaints (i.e., written communications presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct) and not to inquiries.
Frequently Asked Questions
What is the difference between an inquiry and a complaint about a mediator?
An inquiry is an unwritten communication to the complaint coordinator raising a possible violation of the conduct rules. A complaint is the same kind of concern, but submitted in writing. Some parts of the complaint process apply only to written complaints, not unwritten inquiries.
What is a “court-program mediator” under this rule?
A person who is subject to the mediator conduct rules under the application rule in Article 2 — generally, a mediator connected to a court’s panel, list, recommendation, selection, appointment, or compensation.
Who is the complaint coordinator, and where does that role come from?
The complaint coordinator is the person the presiding judge designates to receive complaints and inquiries about mediator conduct, a role established in the following rule of this article.
Amendment History
Rule 3.866 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: inquiry vs complaint mediator Californiacomplaint coordinator definitioncourt-program mediator meaningmediation communication definition complaint