After an investigation has been conducted, the presiding judge or his or her designee may do one or more of the following:
Rule 3.870.Permissible court actions on complaints
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 sentenceRule 3.870 lists five actions a presiding judge or designee may take against a court-program mediator after investigating a complaint, ranging from taking no action to removing the mediator from the court’s panel.
Full Text of Rule 3.870
(1) Direct that no action be taken on the complaint;
(2) Counsel, admonish, or reprimand the mediator;
(3) Impose additional training requirements as a condition of the mediator remaining on the court’s panel or list;
(4) Suspend the mediator from the court’s panel or list or otherwise temporarily prohibit the mediator from receiving future mediation referrals from the court; or
(5) Remove the mediator from the court’s panel or list or otherwise prohibit the mediator from receiving future mediation referrals from the court.
Plain-English Summary
Once an investigation is done, rule 3.870 gives the presiding judge or a designee a menu of responses, running from doing nothing at all to cutting the mediator loose from the court’s panel entirely. In between sit counseling, admonishment, or reprimand; added training as a condition of staying on the panel; and suspension — a temporary hold on new referrals rather than a permanent removal.
The judge or designee can combine these responses, or pick just one, depending on what the investigation turned up. Nothing in the rule requires escalating step by step; a serious violation can go straight to removal without passing through the lighter options first. And this list is not the outer limit of the court’s authority — the court keeps whatever other power it already had to act on a mediator, including putting a mediator on hold on an interim basis while a complaint is still working its way through the process.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
This rule does not abrogate or limit any existing legal right or duty of the court to take other actions, including interim suspension of a mediator pending final action by the court on a complaint.
Frequently Asked Questions
What can a court do about a mediator complaint?
After investigating, the presiding judge or a designee may take no action, counsel or reprimand the mediator, require added training, suspend the mediator temporarily, or remove the mediator from the court’s panel.
Does the court have to start with the mildest response?
No. Rule 3.870 does not require escalating through each option in order — the judge or designee may choose whichever response, or combination of responses, the investigation supports.
Can a court suspend a mediator before the complaint process is finished?
Yes. Rule 3.870 lists the actions available after an investigation, but it does not cut off other authority the court already has, including suspending a mediator on an interim basis while a complaint is pending.
Amendment History
Rule 3.870 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
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