(a) As used in this title, "mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.
§ 1775.1.Mediation Defined; Act Performed By Party May Also Be Performed By Counsel
Title 11.6. Civil Action Mediation · Last amended 2003 · Last verified July 29, 2026
In one sentenceSection 1775.1 defines mediation for this title as a process in which a neutral person or persons help disputing parties communicate toward a mutually acceptable agreement, and provides that any act this title assigns to a party may instead be performed by that party's counsel of record.
Full Text of § 1775.1
(b) Unless otherwise specified in this title or ordered by the court, any act to be performed by a party may also be performed by his or her counsel of record.
Plain-English Summary
This section supplies the working vocabulary for the rest of Title 11.6. Mediation, as used here, means a process where one or more neutral people facilitate communication between the people in the dispute, helping them reach an agreement they both find acceptable, rather than imposing an outcome the way a judge or arbitrator would.
It also answers a practical question that comes up throughout the title: who has to personally do the things the statute requires of a party. Unless some other provision of this title or a court order says otherwise, an attorney of record can act in the party's place, so a lawyer can, for example, help select a mediator or receive notices without the client having to handle every step alone.
Frequently Asked Questions
What does "mediation" mean under this title?
A process in which a neutral person or persons facilitate communication between the disputants to help them reach a mutually acceptable agreement.
Can a party's attorney act on the party's behalf under this title?
Yes. Section 1775.1 allows counsel of record to perform any act this title assigns to a party, unless the title or a court order specifies otherwise.
Does mediation under this title involve the neutral deciding the outcome?
No. The neutral facilitates communication between the parties; the parties themselves reach the agreement.
Amendment History
Amended by Stats 2002 ch 784 (SB 1316),s 87, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: definition of mediation california ccpparty or counsel of record mediation