Of Special Proceedings of a Civil NatureCivil Action Mediation
Section § 1775
This law emphasizes the importance of resolving disputes in a way that's fair, quick, and affordable. It acknowledges that going to trial can be expensive and stressful, and suggests that methods like mediation can help solve disputes more easily and save money. Mediation is encouraged especially early on in a case to avoid high costs and stress. There's a pilot project in Los Angeles (and other counties that choose) where courts can refer cases to mediation instead of going to trial. The goal is to use these alternative processes more and to save money if cases are settled before they reach trial. A survey is conducted to measure the effectiveness and savings of these programs, and success is marked by saving at least $250,000.
Section § 1775.1
This law defines 'mediation' as a process where a neutral person helps people in a dispute to talk and hopefully come to an agreement they both like. Also, in general, anything a person involved in the dispute needs to do can be done by their lawyer instead, unless the title or a court says otherwise.
Section § 1775.2
This law says that the rules in this title automatically apply to courts in Los Angeles County. Other counties in California can choose if they want to follow these rules. The choice to use or not use these rules can be changed by the court whenever they want. These rules can be used for any civil cases that were started or are new from January 1, 1994, onward.
Section § 1775.3
In Los Angeles County and other participating courts, civil cases that are supposed to go through arbitration can instead be sent to mediation if a judge decides so. This includes cases with requests for special types of court orders, even if a public agency or entity is involved.
Section § 1775.4
This law says that if a case is sent to arbitration, it can't also be sent to mediation. Similarly, if it's sent to mediation, it shouldn't go to arbitration. Basically, a case can be either mediated or arbitrated, but not both.
Section § 1775.5
This law states that if the amount of money being disputed in a court case is more than $50,000, the court cannot require the case to go to mediation. The decision about how much money is in dispute is made using a specific method outlined in another law, and it doesn't take into account who's at fault, possible defenses, or shared blame.
Section § 1775.6
When a case is sent to mediation, the parties have 30 days to choose a mediator. The parties can decide how to pick and qualify the mediator. If they can't agree on someone within 15 days, the court can step in and choose one based on specific rules.
Section § 1775.7
This law states that normally, starting a mediation won't stop the clock on certain legal deadlines. However, if a case has been in mediation for four years and six months after it was initially filed, the time spent waiting after this period until a formal statement saying mediation failed won't count toward the typical five-year limit for bringing a case to court.
Section § 1775.8
This law explains how court-appointed mediators are compensated. Basically, mediators get paid like arbitrators, but only after they file a statement saying that an agreement couldn't be reached or if the case is settled. Also, the costs related to mediation, including paying the mediators, follow the same rules as those for arbitration. Money set aside for arbitrators can be used to pay mediators.
Section § 1775.9
If people in a mediation can't agree and someone wants to end the process, the mediator must file a form saying no agreement was reached. Then, the case goes back on the schedule for a trial either by judge or jury, trying to keep the same spot it had before the mediation or getting priority on the next trial calendar.
Section § 1775.10
When people are in mediation, the things they say are protected by certain rules in the Evidence Code. These rules make sure that what is said can't be used against them later in court.
Section § 1775.11
If you take part in a mediation under a specific California law, you're still allowed to gather information or evidence from the other side, just as you normally could under the rules for civil court cases.
Section § 1775.12
In a trial, mentioning the mediation or a statement saying that the parties didn’t reach an agreement (as per Section 1775.9) is considered a mistake in how the trial is conducted, which could be important for an appeal.
Section § 1775.13
This law section clarifies that existing or future alternative dispute resolution programs in trial courts are not overridden by the provisions of this title. The lawmakers want to ensure these programs continue to operate independently.
Section § 1775.14
This law required the Judicial Council to report to the California Legislature by January 1, 1998, about court alternative dispute resolution (ADR) programs. The report had to include a review of ADR programs in Los Angeles County and any other courts using this title. It also needed to look at how these programs affected judicial arbitration. To make this report possible, each court using this title must provide necessary data to the Judicial Council through rules set by the Council.
Section § 1775.15
This law requires the Judicial Council, which helps oversee California's courts, to create rules for how cases should be handled when sent to mediation. It also requires coordination with other efforts to reduce delays in court cases, and allows for exceptions if a case isn't suitable for mediation.