Division 8. Alternative Dispute Resolution · Chapter 4. Civil Action Mediation Program Rules · Last amended 2009 · Last verified July 29, 2026
In one sentenceRule 3.891 sends smaller civil cases to mediation automatically when the amount in controversy is $50,000 or less, and lets parties in any case stipulate to mediation regardless of amount, with the court deciding case by case rather than by category.
(a)Actions that may be submitted to mediation The following actions may be submitted to mediation under these provisions:
(1)By court order Any action in which the amount in controversy, independent of the merits of liability, defenses, or comparative negligence, does not exceed $50,000 for each plaintiff. The court must determine the amount in controversy under Code of Civil Procedure section 1775.5. Determinations to send a case to mediation must be made by the court after consideration of the expressed views of the parties on the amenability of the case to mediation. The court must not require the parties or their counsel to personally appear in court for a conference held solely to determine whether to send their case to mediation.
(2)By stipulation Any other action, regardless of the amount of controversy, in which all parties stipulate to such mediation. The stipulation must be filed not later than 90 days before trial unless the court permits a later time. (Subd (a) amended effective January 1, 2007.)
(b)Case-by-case determination Amenability of a particular action for mediation must be determined on a case-by-case basis, rather than categorically. (Subd (b) amended effective January 1, 2007.)
Plain-English Summary
Rule 3.891 sets out the two doors into the Civil Action Mediation Program. The first is automatic: if the amount in controversy — figured without regard to who is likely to win or how comparative fault might cut it down — is $50,000 or less for each plaintiff, the court can send the case to mediation on its own. Before doing so, though, it has to ask the parties what they think about mediating, and it cannot make them show up in person just to have that conversation.
The second door is open to any case, no matter the amount at stake, if every party agrees. That stipulation has to reach the court at least 90 days before trial, though a court can allow it later.
Either way, the rule insists on an individualized look. A court cannot adopt a blanket policy of sending every case in a certain category to mediation — each case gets weighed on its own facts.
Frequently Asked Questions
What is the dollar threshold for court-ordered mediation in California?
Rule 3.891 lets a court order mediation when the amount in controversy is $50,000 or less for each plaintiff, without regard to liability, defenses, or comparative negligence.
Can parties agree to mediate a case above that amount?
Yes. Rule 3.891 lets parties stipulate to mediation in any action regardless of the amount in controversy, as long as the stipulation is filed at least 90 days before trial, or later with court permission.
Does the court have to hold a hearing to decide whether to order mediation?
No. The court considers the parties’ views on mediation but cannot require them to appear in person solely for that purpose.
Can a court send every case in a category to mediation automatically?
No. Rule 3.891 requires a case-by-case determination rather than a categorical one.
Amendment History
Rule 3.891 renumbered effective July 1, 2009; adopted as rule 1631 effective March 1, 1994; previously amended and renumbered as rule 3.871 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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