Each court to which this article applies under rule 3.865 must establish a complaint procedure by local rule of court that is consistent with this article.
Rule 3.868.Complaint procedure required
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 sentenceRule 3.868 requires every court subject to this article to adopt, by local rule, a complaint procedure for addressing complaints about court-program mediators that meets the article's requirements.
Full Text of Rule 3.868
Plain-English Summary
This rule opens the article on mediator complaints. It does not spell out the procedure itself — that comes later — it tells each court within the article’s reach that a complaint procedure has to exist, and that the court must commit it to writing as a local rule of court.
A court cannot decide informally, case by case, how to handle a complaint about a mediator on its panel. The process has to be set out in advance in a local rule, and that local rule has to line up with the baseline requirements the rest of the article sets: notice to the mediator, a preliminary review, an independent investigation when needed, and a final decision by the presiding judge or a designee. Rule 3.865 marks out which courts fall under the article in the first place — generally those running mediation programs for court-connected cases — and this rule turns that coverage into an actual obligation to act.
Frequently Asked Questions
What must a court do under rule 3.868?
Adopt a written local rule that sets out how it will handle complaints about mediators in its court program, consistent with the rest of this article.
Does rule 3.868 spell out the complaint procedure itself?
No. It only requires that a procedure exist as a local rule; rule 3.869 lays out the substantive requirements that procedure must meet.
Which courts are covered by this requirement?
Courts identified under rule 3.865 as falling within this article, generally those that maintain court-connected mediation programs.
Amendment History
Rule 3.868 amended and renumbered effective July 1, 2009, effective date extended to January 1, 2010; adopted as rule 1622 effective January 1, 2003; previously amended effective January 1, 2006; previously amended and renumbered as rule 3.865 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
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