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§ 1775.4.Action Ordered Into Arbitration Not Order Into Mediation; Action Ordered Into Mediation Not Ordered Into Arbitration

Title 11.6. Civil Action Mediation · Enacted 1993 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1775.4 keeps judicial arbitration and this title's mediation program from overlapping on the same case, providing that an action already ordered into arbitration cannot then be ordered into mediation, and an action already ordered into mediation under Section 1775.3 cannot later be ordered into arbitration.

Full Text of § 1775.4

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An action that has been ordered into arbitration pursuant to Section 1141.11 or 1141.12 may not be ordered into mediation under this title, and an action that has been ordered into mediation pursuant to Section 1775.3 may not be ordered into arbitration pursuant to Section 1141.11.

Plain-English Summary

This section draws a clean line between the two tracks a case might follow. Once a court has ordered an action into arbitration under Section 1141.11 or 1141.12, it can't be redirected into mediation under this title. The rule works the other way too: once an action has been ordered into mediation under Section 1775.3, it can't then be ordered into arbitration under Section 1141.11.

The effect is that a case follows one path or the other, not both, once a court has made its initial choice between judicial arbitration and mediation.

Frequently Asked Questions

Can a case already ordered into arbitration be redirected into mediation?

No. Section 1775.4 bars an action ordered into arbitration under Section 1141.11 or 1141.12 from being ordered into mediation.

Can a case already in mediation be sent to arbitration instead?

No. An action ordered into mediation under Section 1775.3 cannot later be ordered into arbitration under Section 1141.11.

Why does the law separate these two tracks?

To keep a case following a single dispute-resolution path once a court has made its initial choice, rather than shifting between arbitration and mediation.

Amendment History

Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.

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: arbitration versus mediation california civil casecannot order both arbitration and mediation