California Rules of Court
Rule 3.874 Appearance at mediation sessions
Rule 3.874 Appearance at mediation sessions
(a) Attendance
(1)All
parties and attorneys of record must attend all mediation sessions in person unless
excused or permitted to attend by telephone as provided in (3). If a party is
not a natural person, a representative of that party with authority to resolve
the dispute or, in the case of a governmental entity that requires an agreement
to be approved by an elected official or a legislative body, by a representative
with authority to recommend such agreement, must attend all mediation sessions
in person, unless excused or permitted to attend by telephone as provided in
(3).
(2) If any party
is insured under a policy of insurance that provides or may provide coverage for
a claim that is a subject of the action, a representative of the insurer with
authority to settle or recommend settlement of the claim must attend all mediation
sessions in person, unless excused or permitted to attend by telephone as provided
in (3).
(3) The mediator
may excuse a party, attorney, or representative from the requirement to attend
a mediation session under (1) or (2) or permit attendance by telephone. The party,
attorney, or representative who is excused or permitted to attend by telephone
must promptly send a letter or an electronic communication to the mediator and
to all parties confirming the excuse or permission.
(4) Each party may
have counsel present at all mediation sessions that concern it the party.
(Subd (a) amended effective January 1, 2007; adopted as untitled subd effective
March 1, 1994.)
(b) Participant lists and mediation statements
(1) At
least five court days before the first mediation session, each party must serve
a list of its mediation participants on the mediator and all other parties. The
list must include the names of all parties, attorneys, representatives of a party
that is not a natural person, insurance representatives, and other persons who
will attend the mediation with or on behalf of that party. A party must promptly
serve a supplemental list if the party subsequently determines that other persons
will attend the mediation with or on behalf of the party.
(2) The mediator
may request that each party submit a short mediation statement providing information
about the issues in dispute and possible resolutions of those issues and other
information or documents that may appear helpful to resolve the dispute.
(Subd
(b) adopted effective January 1, 2007.)
Rule 3.874 amended effective January 1,
2007; adopted as rule 1634 effective March 1, 1994; previously amended and renumbered
effective January 1, 2007.