(a) In the event that the parties to mediation are unable to reach a mutually acceptable agreement and any party to the mediation wishes to terminate the mediation, then the mediator shall file a statement of nonagreement. This statement shall be in a form to be developed by the Judicial Council.
§ 1775.9.Statement of Nonagreement Filed By Mediator
Title 11.6. Civil Action Mediation · Enacted 1993 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1775.9 requires a mediator to file a Judicial-Council-approved statement of nonagreement whenever the parties can't settle and any party wants to end the mediation, and directs that the case then be calendared for trial, restoring its former place on the docket wherever possible or given priority on the next setting calendar.
Full Text of § 1775.9
(b) Upon the filing of a statement of nonagreement, the matter shall be calendared for trial, by court or jury, both as to law and fact, insofar as possible, so that the trial shall be given the same place on the active list as it had prior to mediation, or shall receive civil priority on the next setting calendar.
Plain-English Summary
This section handles the moment mediation fails. If the parties to mediation can't reach a mutually acceptable agreement and any one of them wants to end the process, the mediator has to file a statement of nonagreement, using a form the Judicial Council develops for the purpose.
That filing sets the case back on track for trial. Once it's on file, the matter has to be calendared for trial, by court or jury as the case requires, with the goal of giving it the same place on the active list it held before mediation began; where that's not possible, the case instead gets civil priority on the next setting calendar.
Frequently Asked Questions
What must a mediator do if the parties can't reach an agreement?
File a statement of nonagreement, in a form the Judicial Council develops, once any party wants to terminate the mediation.
What happens to the case after a statement of nonagreement is filed?
It's calendared for trial, ideally in the same place on the active list it held before mediation, or given civil priority on the next setting calendar.
Does only one party need to want to end mediation before a statement of nonagreement is filed?
Yes. Any party to the mediation wishing to terminate it triggers the mediator's duty to file the statement.
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: statement of nonagreement mediation californiamediation fails calendared for trial