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Rule 3.893.Selection of mediators

Division 8. Alternative Dispute Resolution · Chapter 4. Civil Action Mediation Program Rules · Last amended 2011 · Last verified July 29, 2026

In one sentenceRule 3.893 gives parties 15 days from the date a case is sent to mediation to stipulate to any mediator, on or off the court’s list, and directs the court to promptly assign a panel mediator if the parties do not agree.

Full Text of Rule 3.893

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The parties may stipulate to any mediator, whether or not the person selected is among those identified under rule 3.892, within 15 days of the date an action is submitted to mediation. If the parties do not stipulate to a mediator, the court must promptly assign a mediator to the action from those identified under rule 3.892.

Plain-English Summary

Once a case is headed to mediation, rule 3.893 gives the parties first crack at choosing who runs it. They have 15 days from the date the case is submitted to mediation to agree on a mediator — and that agreement is not limited to names on the court’s panel under rule 3.892. Parties can stipulate to anyone they want.

If the 15 days pass without an agreement, the choice shifts to the court, which has to promptly assign a mediator from the panel it identified under rule 3.892. The rule keeps the process moving either way: party choice first, court assignment as the backstop.

Frequently Asked Questions

Can parties pick a mediator who is not on the court’s list?

Yes. Rule 3.893 lets parties stipulate to any mediator, whether or not that person is on the court’s panel identified under rule 3.892.

How long do parties have to agree on a mediator?

15 days from the date the action is submitted to mediation.

What happens if the parties cannot agree on a mediator?

The court promptly assigns a mediator from its panel under rule 3.892.

Amendment History

Rule 3.893 amended effective January 1, 2011; adopted as rule 1633 effective March 1, 1994; previously amended and renumbered as rule 3.873 effective January 1, 2007; previously renumbered effective July 1, 2009.

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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