(a) Effect of mediation on time standards Submission of an action to mediation under the rules in this chapter does not affect time periods specified in the Trial Court Delay Reduction Act (Gov. Code, § 68600 et seq.), except as provided in this rule. (Subd (a) amended effective January 1, 2007.)
Rule 3.896.Coordination with Trial Court Delay Reduction Act
Division 8. Alternative Dispute Resolution · Chapter 4. Civil Action Mediation Program Rules · Last amended 2009 · Last verified July 29, 2026
In one sentenceRule 3.896 explains how sending a case to mediation interacts with delay-reduction case-management deadlines, allowing a stipulated 90-day exception, setting a 60-day window extendable by 30 days to complete mediation, and encouraging restraint in discovery while a case is in mediation.
Full Text of Rule 3.896
(b) Exception to delay reduction time standards On written stipulation of the parties filed with the court, the court may order an exception of up to 90 days to the delay reduction time standards to permit mediation of an action. The court must coordinate the timing of the exception period with its delay reduction calendar. (Subd (b) amended effective January 1, 2007.)
(c) Time for completion of mediation Mediation must be completed within 60 days of a reference to a mediator, but that period may be extended by the court for up to 30 days on a showing of good cause. (Subd (c) amended and lettered effective January 1, 2007; adopted as part of subd (b) effective March 1, 1994.)
(d) Restraint in discovery The parties should exercise restraint in discovery while a case is in mediation. In appropriate cases to accommodate that objective, the court may issue a protective order under Code of Civil Procedure section 2017(c) and related provisions. (Subd (d) amended and lettered effective January 1, 2007; adopted as part of subd (b) effective March 1, 1994.)
Plain-English Summary
Sending a case to the mediation program does not, by itself, stop the clock on the Trial Court Delay Reduction Act’s case-management deadlines. Rule 3.896 makes that the default and then carves out the one situation where the clock does pause: if every party stipulates in writing and files that stipulation, the court can grant up to 90 days of relief from the delay-reduction schedule to make room for mediation, timing it to fit the court’s own delay-reduction calendar.
The rule then puts its own clock on mediation itself: 60 days from the day a mediator is assigned, with up to 30 more days available if the court finds good cause to extend it.
Finally, it asks the parties to hold back on discovery while mediation is underway, and gives the court a tool to enforce that restraint — a protective order — for cases where reining in discovery would help the mediation along.
Frequently Asked Questions
Does sending a case to mediation delay the trial date?
Not automatically. Rule 3.896 says mediation does not affect Trial Court Delay Reduction Act time periods, except through the 90-day stipulated exception the rule allows.
How long does mediation have to be completed?
60 days from the date a mediator is assigned, though the court may extend that by up to 30 days for good cause.
Are parties required to stop discovery while a case is in mediation?
Not required, but rule 3.896 asks them to exercise restraint, and the court can back that up with a protective order in appropriate cases.
Amendment History
Rule 3.896 renumbered effective July 1, 2009; adopted as rule 1637 effective March 1, 1994; previously amended and renumbered as rule 3.876 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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