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Rule 3.895.Filing of Statement of Agreement or Nonagreement by mediator

Division 8. Alternative Dispute Resolution · Chapter 4. Civil Action Mediation Program Rules · Last amended 2012 · Last verified July 29, 2026

In one sentenceRule 3.895 requires the mediator to complete, serve, and file a Statement of Agreement or Nonagreement, form ADR-100, within 10 days after mediation ends, without disclosing the terms of any agreement or other confidential mediation communications.

Full Text of Rule 3.895

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Within 10 days after conclusion of the mediation, or by another date set by the court, the mediator must complete, serve on all parties, and file a Statement of Agreement or Nonagreement (form ADR-100). If the mediation has not ended when the report is filed, the mediator must file a supplemental form ADR-100 within 10 days after the mediation is concluded or by another date set by the court. The completed form ADR-100 must not disclose the terms of any agreement or any other communications or conduct that occurred in the course of the mediation, except as allowed in Evidence Code sections 1115–1128.

Plain-English Summary

Rule 3.895 puts the reporting duty on the mediator, not the parties. Within 10 days after the mediation wraps up — or by whatever date the court sets instead — the mediator has to fill out, serve on everyone involved, and file form ADR-100, the Statement of Agreement or Nonagreement. If the case is still in mediation when that report would otherwise be due, the mediator files it anyway and follows up with a supplemental form within 10 days of the actual conclusion.

What the form cannot do is give away what happened behind closed doors. It reports only that the case settled or did not — not the terms of any settlement, and not anything else said or done during the mediation, except for the narrow categories of information the Evidence Code lets through.

Frequently Asked Questions

What is form ADR-100?

The Statement of Agreement or Nonagreement, a form the mediator files after a mediation session reporting only whether the case settled — not the settlement terms or other mediation communications.

When must the mediator file the statement?

Within 10 days after the mediation concludes, or by another date the court sets; if the mediation is still ongoing, a supplemental form follows within 10 days after it ends.

Does the form reveal the settlement amount or other details?

No. Rule 3.895 bars the form from disclosing agreement terms or other mediation communications, except as the Evidence Code’s mediation confidentiality provisions allow.

Amendment History

Rule 3.895 amended effective July 1, 2012; adopted as rule 1635 effective March 1, 1994; previously amended and renumbered as rule 3.875 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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